Archive for the ‘Legal’ Category

North Idaho Sexual Harassment: What Are Your Rights?

Tuesday, March 9th, 2010

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.

Cars and Cell Phones Make a Deadly Equation

Monday, March 8th, 2010

Wireless communication has dramatically improved daily life, but mobile phone technology also has a dramatic downside: the proliferation of cell phone use by drivers has made the roads considerably more dangerous.

Cell Phones are a Leading Cause of Driver Distraction

A joint study released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech
Transportation Institute in April 2006 concluded that nearly 80 percent of car crashes and 65 percent of near-crashes occur within three seconds of some kind of driver distraction. Dialing a cell phone ranked among the most dangerous distractions, tripling the risk of being involved in an auto accident. Unlike the danger presented by dialing, the study found that talking on a cell phone was less dangerous than drowsiness or reaching for a falling object. However, the prevalence of cell phone use by drivers makes it one of the most common and therefore most dangerous factors in car and truck crashes. According to the NHTSA, there are over 10 million U.S. drivers talking on cellular phones at any given moment, an alarming figure given the link between cell phones and distracted driving.

Cell Phones Bans on the Rise

In response to the increasing evidence linking cellular phone use and auto accidents, a number of states have started to ban their use on the roads. States with legislation restricting cell phone use while driving include New York, New Jersey, Washington, D.C. and Connecticut. In 2008, California will join the ranks of states banning hand-held phone use by drivers. In addition, according to the National Conference of State Legislatures, 14 states have banned mobile phone use by minors as of November 2006.

Hands-Free Is No Safety Guarantee

Many drivers have switched to hands-free mobile phone devices in an effort to cut down on their risk of being involved in car accidents. However, recent evidence suggests that even a hands-free cell phone presents a danger on the road. According to the Insurance Institute for Highway Safety study conducted in Perth, Australia in 2005, switching from hand-held cell phones to hands-free devices does not reduce the risk of car crashes. A recent study conducted by the University of Utah and published in the summer 2006 issue of Human Factors also concludes that hands-free cellular phones carry the same risk as hand-held phones. Evidence on hands-free phones continues to indicate that talking on the phone is a dangerous distraction, reducing driver alertness and reaction time, regardless of the type of cell phone being used.

In the event that you are involved in a car or truck accident in which a cellular phone has played a part, contact a knowledgeable personal injury attorney right away. Your auto accident lawyer can help you file a suit, if appropriate, and possibly recover damages to which you may be entitled.

LegalView.com is your source for everything legal. Visit http://legalview.com. Visitors to LegalView.com can get help to find a construction accident lawyer, a mesothelioma attorney, and more. You can also get help to find a car accident lawyer at http://crash.legalview.com

Seven Secrets for Keeping Your Company Out of Court in 2008- How to Avoid Sexual Harassment Lawsuits

Sunday, March 7th, 2010

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

THE ICE MAN COMETH- Immigration Revises Employment Eligibility Verification Form I-9

Saturday, March 6th, 2010

ATTENTION SMALL BUSINESS OWNERS: Immigration recently announced that a revised Employment Eligibility Verification Form I-9 will be required effective on December 26 .2007. The new Form I-9 has significant changes that remove five documents for proof of both identity and employment authorization.

Employers must use the amended Form I-9 (Rev. 06/05/07) for all employees hired on or after November 7, 2007. Employers who fail to use the new form after December 26.2007 may be subject to penalties by Immigration and Customs Enforcement (ICE). 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. (06/05/07).

#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-9’s , instead of random supervisors, who may or may not be familiar with the process.

#3 Do Not Put the I-9’s 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 December 26, 2007.

#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.

Eli Kantor is an attorney in private practice in Beverly Hills, CA representing employers in all aspects of labor, employment and immigration law. For more information contact Eli at (310) 274-8216 or visit his websites: Sexual Harassment Prevention and Beverly Hills Immigration Law

Automobile Accidents: Uninsured or Underinsured Drivers

Friday, March 5th, 2010

When a driver is in an automobile accident with another driver who has insurance with proper coverage, recovery for damages is generally straightforward. However, not every driver carries automobile insurance, which is in violation of state compulsory automobile insurance laws, or has the proper coverage. People do drive vehicles without insurance and are cause an increasing number of accidents each year. When an automobile accident involves an uninsured/underinsured motorist, recovery for damages becomes more difficult. An uninsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has not insured their vehicle. An underinsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has insured their vehicle but at limits that are insufficient to cover all of the damages sustained in the automobile accident.

If a driver is involved in an automobile accident with another driver who is uninsured or underinsured, the driver would be compensated by their insurance company if they had purchased uninsured/underinsured motorist coverage in their insurance policy. This covers property damage–such as car repairs, bodily injury–such as medical expenses, and other compensatory damages–such as pain and suffering. Uninsured motorist coverage also comes into play when injuries are sustained due to a hit-and-run automobile accident. Uninsured/underinsured motorist coverage can also be used if a person is hit by a vehicle as a pedestrian.

It is extremely risky to drive without insurance or without proper insurance, so always be sure that your insurance is up to date and covers all of your motor vehicles’ needs. If you are properly covered, then your insurance should cover the costs of an accident, should you be at fault. If the other driver is at fault, then their insurance should pay. However, in the case that the other driver does not have insurance or their insurance is not sufficient, it is wise to have an insurance plan that covers you even if you are hit by someone without insurance.

Although a driver can possibly sue a uninsured/underinsured motorist if their insurance does not include uninsured/underinsured motorist coverage, there is no guarantee that the uninsured/underinsured motorist will have the money or assets to pay the judgment. Therefore, including uninsured/underinsured motorist coverage in an insurance policy simply makes sense.

If you have been in an automobile accident and have suffered injuries, you may have a legal case. If you would like to contact a lawyer, please use the Find Attorney button at the top of the page.

LegalView.com is your source for everything legal. Visit http://legalview.com. Visitors to LegalView.com can get help to find a construction accident lawyer, a mesothelioma attorney, and more. You can also get help to find a car accident injury lawyer at http://crash.legalview.com.

Real Estate Law: The Basics

Wednesday, March 3rd, 2010

Real estate law is multi-categorized and is governed by a lot of different facets. “Real” refers to real property. This is land and the things that are permanently a part of the area, that is, what is attached.

This goes for anything “underneath” too, so if any crude oil or natural gas is buried beneath, the land owner has first rights to the resource.

With property ownership, or the prospect of owning, there come risks. Most of this is liability, liability to the state and those who border the property. For instance, when purchasing a lot within the city, there are zoning restrictions.

A city may designate a certain size structure on the land, and if the owner decided to assemble a four-story goliath mansion home, the other owners of single floor rancher-style houses on that block might not be so pleased, the same goes with the city.

There is a great deal of ownership liability that goes to third-parties as well, such as land owners paying mortgage on a house to a lender. This is probably the most common liability that is known. If the owner does not pay, then they default on the loan and the lender, such as a bank can claim the property as payment.

State Law

Property laws trace its history back to the monarchs who ruled much of the continent of Europe. This was brought to America and from there has evolved a great deal. Real estate law, like most all law type, is still constantly evolving today as new cases are brought to courts.

Because events are often relating to geography and local cultures and law, there are a lot of aspects of real estate law that reflect this and are divided up by states.

For instance, if you were having a land dispute with a neighbor and you owned a tract of land near Coeur d’Alene, Idaho you would ideally want to consult with Coeur d’Alene real estate attorneys — even if you retain an attorney in Pittsburgh or some other city where you make your residence — to know what is fully involved regarding that specific city’s statutes.

A Coeur d’Alene real estate attorney can advise you on the specifics with Idaho’s real property laws and can give you a heads up on what your rights are as a land owner pertaining to that tract of land you own and the dwelling that reside within.

Hiring a real estate attorney’s group, no matter where you plan to buy land, would lend you piece of mind and a defense or litigations counsel if that dispute with the neighbor ends up in court.

Beck & Poorman (http://www.beck-poorman.com/real_estate_law.html) is a legal firm that advises in varied legal matters. Among their staff are Coeur d’Alene real estate attorneys working in both private and public sectors. Located in Hayden, Idaho, they have a combined work experience of 35 years.

Find everything with Legal Authority Review

Tuesday, March 2nd, 2010

It will be in nice thing when we have everything with legal. By having legal thing, it will be save for you, so it will make you very nice and free to do everything. Even, for the job and getting services, it will be very important for you for having legal. Without having a legal job, it will make you very difficult to develop your job. Moreover, when you get the some services, you have to ensure that you will get the services from the legal company.

Talking about the legality, it will be important to talk about the attorney jobs. It will e very danger for you when you have illegal job because you will be in the danger condition. It will be possible for the state search for you. Thus, it I suggested for you that when you search for some job, you have to know that the company is legal. In addition, when you have the planning to form some working are, you have to give more attention to the legal authority review. Then, when you will have the relation, you have to ensure that the company is also legal. It is actually very easy to know whether he company is legal or not because it is available for you the legal authority testimonial.


Things To Look For In A PPH Attorney

Tuesday, March 2nd, 2010

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

Elder Abuse Cases Often Require an Attorney

Monday, March 1st, 2010

Quite often, an elder abuse case goes to court. If it does not, there is generally an out of court settlement. In other words, very few of these kinds of cases are simply ignored. People do not want to see their elderly relatives and friends mistreated, abused, and neglected. When things such as this do happen, people want justice for them, and that involves a court or at least a lawyer to get an out of court settlement that is fair and just.

If the abuse occurred in a nursing home, a nursing home negligence attorney or nursing home abuse lawyer would be the people to contact. In addition, they would be good options even if the abuse has not occurred but nursing home neglect is suspected.

For cases of abuse that may not be directly related to a nursing home, an elder abuse lawyer can work toward getting a settlement from and/or judgment against the individuals that actually harmed the elderly person. If an elderly person does not have relatives to check on him or her, elder abuse is more likely because there will be fewer people to notice.

In addition, abuse of the elderly can be mental or emotional instead of physical, making it much more difficult to notice. Some elderly people are not able to communicate that well with others, and they are the ones that are most at risk for abuse, because they often cannot tell anyone that the abuse is taking place. Some people have hidden cameras set up to catch abuse happening, but most people do not take these steps.

When abuse of the elderly is found, however, an elder abuse lawyer is generally needed. Trying to represent oneself in court is often a poor idea, especially in a difficult or complex case. In addition, a lawyer has a much better idea of what is fair compensation in an abuse case, which means that there is a much higher chance of the elderly person and/or his or her family receiving what they actually deserve instead of only what the other party thinks that they should have.

Finding a competent and caring elder abuse lawyer can help to ensure that justice is done and that the abuse is stopped. By taking a case to a lawyer, not only can the victim be compensated but other elderly people can be protected in the future as well.

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

Presenting a Case to a Nursing Home Abuse Lawyer

Sunday, February 28th, 2010

The idea of presenting a case to a nursing home abuse lawyer might seem quite daunting, but it actually is not. These individuals want to help people. If they did not, they would not be in the business of protecting people from elder abuse and nursing home neglect. They would find some other profession where helping to protect people was not a requirement.

A nursing home negligence attorney, for example, is very concerned with how people are being treated at elder care facilities. A person does not have to be abused to be mistreated. In the elderly population, individuals cannot always get around as good as they could when they were younger, and this might stop them from doing everything that they need to do for themselves. Because of this, neglecting them can cause many problems.

A person that feels he or she has a case for elder abuse or nursing home neglect should not be afraid to present that evidence to an elder abuse lawyer. At the worst, there will not be enough evidence to proceed with a case. However, often there is enough evidence, and a nursing home negligence attorney will take the case.

He or she will then determine the extent of the elder abuse or nursing home neglect that took place, whether it is still ongoing, and if there are other residents affected. Sometimes, there is what is called a “class action” lawsuit, which means that many people who were wronged all get together and put their collective names to one lawsuit.

A nursing home abuse lawyer could potentially have a class action lawsuit against a nursing home or other elderly care facility if there was elder abuse or neglect taking place there that affected many different residents.

Because of issues like this where many people might be affected, it is important to present a case to an elder abuse lawyer and let him or her decide whether there is enough information to take a case to court.

By so doing, a person might be protecting many more people than just an elderly loved one, and this can provide safety and security for many other individuals. The future of these people can be forever changed for the better simply because one person was concerned and spoke up about the nursing home neglect or elder abuse that was believed to be taking place at a particular nursing home or elder care facility.

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

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