Employees’ Protection against Discrimination and Other Unjust Employment Practices

Posted by on Aug 15, 2016 in Workers' Compensation | 0 comments

The Equal Employment Opportunity Commission (EEOC), which the US Congress established in 1964, is tasked to strictly enforce Title VII of the Civil Rights Act of 1964. Title VII is the federal mandate that promotes employees’ rights and strictly prohibits any form of discrimination in the workplace, be it due to one’s sex, race, color, religion or national origin [it may be worthwhile to note that EEOC interprets Title VII’s prohibition of sex discrimination to include discrimination against gender identity or sexual orientation. Thus protections apply, regardless of any contrary state or local laws, to lesbians, gays, bisexuals, and transgenders (LGBT) against employment bias.]

This federal mandate, which covers all private employers, state and local governments, and educational institutions with 15 or more employees, gives all individuals in the U.S. equal employment opportunities regardless of their educational qualification, previous work experience, or expertise.

Title VII is just protection of basic employee rights, though, that is, right against discrimination. There are other employee-protection laws, that the EEOC enforces, including, but not limited to:

  • Equal Pay Act (EPA)of 1963. This federal law, which amends the Fair Labor Standards Act, “prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions” (https://www.eeoc.gov/laws/statutes/epa.cfm);
  •  Age Discrimination in Employment Act (ADEA) of 1967 protects certain employees and job applicants aged 40 or above from being discriminated on the basis of age when it comes to hiring, promotion, discharge, compensation, and conditions or privileges of employment.
  • Americans with Disabilities Act (ADA) of 1990, which is actually the first comprehensive civil rights law in the U.S. ADA addresses the needs of those with disabilities and strictly prohibits their discrimination in employment, public accommodations, public services, and telecommunications; and,
  • Pregnancy Discrimination Act of 1978, is a U.S. federal statute that prohibit sex discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Despite the laws and their corresponding penalties against offenders, many employers, co-workers and clients or customers have been named, and continue to be named, as defendants in legal cases. Under the Civil Rights Act of 1991, victims of discrimination are legally allowed to claim monetary damages due to intentional employment discrimination.

The New York City employment attorneys of Cary Kane LLP encourages everyone, especially those in New York City, who feel that they have been treated unfairly or illegally in the workplace, to immediately seek help from a seasoned employment attorney who can guide them pursue legal action which will best apply to their respective cases.

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Freight Factoring Service: The Answer to Many Truckers’ Financial Woe

Posted by on Aug 14, 2016 in Trucking | 0 comments

Despite having finished job requests, truckers or trucking companies still have to wait from 30 to 60 days for payment from shippers and brokers. This long wait often have harmful effects in the operation of a trucking business. Luckily, sparing one’s trucking business from this situation is possible – through the seasoned and professional services of freight factoring companies, such as TBS Factoring Service.

Freight factoring service of TBS Factoring aims to unload the financial burden experienced by many trucking companies, not just by assuring them of fast and upfront cash that will help keep their business in operation and in the competition, but also by taking care of truckers’ many other concerns, including legal, which can affect significant business opportunities. Its services, which trucking firms will definitely find beneficial, include: simple freight bill factoring solutions, various cash flow products designed to suit specific business needs, friendly personal service, freedom from time-consuming paperwork and office hassles, and rates that are fair and easy to understand.

One major benefit of TBS services is enabling employers to concentrate more on, and further improve, business operations. This does not only mean completing jobs on time, but also making sure that each job is accomplished safely, meaning, keeping their trucks from getting involved in road accidents, a possible source of loss for trucking firms in the form of compensation claims.

According to the National Highway Traffic Safety Administration (NHTSA), every year, close to 5,000 fatal truck accidents occur on U.S. roads and highways, while another 130,000 get injured. By availing of TBS services, truckers can save themselves not only for the long wait for payment, but also from the possibility of not getting paid at all. The sure cash from TBS Factoring Service will mean timely pay for truck drivers and all other employees, and available money for the needed truck maintenance and purchase of necessary truck parts.

Though it is true that acquiring the services of TBS will lessen the actual worth of the job contract entered into by a trucking firm, this will be superseded by the continuous flow of business. Truckers will realize that the benefits this freight factoring company offers and provides far outweigh the minimal cut in profit.

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Court Reporters: Helping Maintain the Integrity of Courts

Posted by on Aug 13, 2016 in Legal Cases | 0 comments

In a court hearing, one important character is a court reporter, also called a court stenographer, whose duties include:

  •  transcription or recording, in perfect accuracy, of everything that transpires during a court hearing (this means  every words said and every gesture made) during the trial;
  • making an official written transcript, upon the request of the concerned individuals, of all that transpired;
    attending all legal procedures where the production of written transcripts is required;
  •  reading or playing back the whole or a segment of the proceedings, when requested by the judge; and,
  • editing transcripts for typographical errors.

After a lawsuit has been filed, but still before the court hears the case, there is legal process, called “discovery,” wherein the parties involved in the lawsuit get the opportunity to obtain information from one another. This information can prove vital to the parties’ respective cases. A court reporter’s presence is necessary during this “discovery,” process.

The deposition is one type of the discovery process. It refers to an out-of-court, yet sworn testimony, given by a person, such as a defendant in a civil lawsuit. Testimony made during a deposition may be used as evidence during the trial, specifically for the purpose of impeaching or lowering the credibility of the defendant in the eyes of the judge or jury.

Besides just preparing a written transcript of court proceedings, today’s court reporters have access to an array of the most modern media devices and equipment for faster and still improved accuracy of records that can also be made available anytime and in any part of the globe. For lawyers and/or their apprentices, this means no more searching through transcripts and exhibits that can be hundreds or thousands of pages thick.

Thousands of trials have been won not only because of great and convincing arguments from lawyers, but also because of a great team up between lawyers and court reporters. Just as clients need lawyers; courts will definitely need court reporters, partly to help maintain the integrity of court.

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Insurance Bad Faith: A Tactic of Insurance Providers

Posted by on Aug 12, 2016 in Insurance | 0 comments

In the event of death, severe illness, disability, an accident or a destructive natural calamity, one possible major source of finances for the necessary medical treatment or for repair/replacement of damaged property is Insurance, a person’s means to protecting himself or herself from financial losses, as well means to recovery.

Some individuals even choose to pay higher premiums for higher benefits when needs arise. Often, though, policy holders end up disappointed and feeling cheated as the amount of financial benefit insurance providers usually grant is much smaller than the amount stated in the policy they purchased. In many other instances, insurance firms either deny or disapprove a claim, or maliciously impede the processing of a claim.

These tactics, which are employed by insurance providers to keep themselves from making payouts, is called “bad faith.” Insurance bad faith is referred to the act of deceiving another person by deliberately and maliciously refusing to honor a contractual obligation. This act of deceit is actually a violation of the “implied covenant of good faith and fair dealing,” a law in most U.S. states that is suggested in insurance contracts. Violation of this covenant gives the policyholder the legal right to file a lawsuit against the insurance provider due to breach of contract, as well as for tort claim.

Insurance companies have an enormous responsibility towards their policy holder in the event of an injury or serious damage to their properties. Due to the goal of these companies to earn and maintain profitability, however, many resort to means that will enable them to avoid legal responsibility.

Insurers’ violation of the trust of policyholders is enough to warrant a legal action against the former and, if proven guilty of acts of bad faith, then they can end up paying policyholders an amount higher than the face value of the policy. When making an insurance bad faith claim, though, insurers should consider seeking the help of a highly-competent insurance bad faith lawyer for a firm ground in the legal fight with insurance providers. This is due to the complexity of the law and the insurance policy, which may leave policy holders more confused than clarified.

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The Consequence of being Convicted of a Sex Crime

Posted by on Aug 11, 2016 in Criminal Defense | 0 comments

Sexual Assault: Can an Accused Innocent Person be Saved from Conviction?

The Megan’s Law, which the U.S. Congress passed in 1996, was a response to the sexual crime committed against seven-year-old girl Megan Kanka who was raped and killed by her neighbor Jesse Timmendequas in 1994. Megan’s Law, which is a federal mandate, is a law that requires law enforcement agencies to make available to the public any relevant information about sex offenders visiting, living and working in their communities; information, which includes offenders’ name, photo, residential address, nature of crime and incarceration date may be posted in free public websites or published in newspapers and pamphlets. Sexual offenders, especially those whose victims are children, are also required by the law to notify local law enforcement authorities for up to 10 years or permanently about changes in their address or employment after their release from custody. In many states, failure to make this notification is considered a felony.

Sex crimes, especially those committed against children, are serious offenses. Anyone who will be convicted of this crime will not just face harsh punishments but can have a ruined future since a conviction can affect a person’s career and community life.

The most common reported types of sex-related crimes include;

  •  Statutory rape,, which refers to an adult engaging in sex with a minor who is under the age of consent;
  • Child molestation or indecency with a child;
  •  Aggravated sexual assault;
  •  Internet sex crime;
  •  Sexual assault of a child;
  •  Solicitation;and,
  •  Possession and distribution of child pornography.

In 2012, the Bureau of Justice Statistics’ National Criminal Victimization Survey was able to register 346,830 cases of rape or sexual assault on persons aged 12 or older.

Sex crimes, however, are not immediately reported by victims, either due to threats made by abusers or fear of negative reactions from people around them. Offenders, by the way, are often people known to victims, like a babysitter, a neighbor, a family friend or a child-care provider.

The U.S. justice system is clearly bent on punishing sex offenders harshly due to the serious harm they inflict against their victims. However, while many of those who get convicted are really guilty, many are also accused and made to suffer despite being innocent of the said crime.

As explained by the Westchester Law Offices of Richard A. Portale, P.C., a charge as serious as a sex crime requires only the best defense from a determined criminal defense lawyer due to the irreparable consequences of being labeled a sex offender. Only the best defense can set a difference between a conviction and an acquittal.

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What Benefits Does Workers’ Compensation Provide?

Posted by on Jun 19, 2016 in Benefits, Workers' Compensation | 0 comments

Every employer has the responsibility to ensure the safety of their employees. But no amount of safety precaution can beat the uncertainty of an accident. In case of an injury in the workplace, employees can count on worker’s compensation insurance for injury and illness related expenses. The objective of this type of insurance is to help an employee recover and return to work. Worker’s compensation insurance also provides benefits to dependent family members in case of death of an employee.

In case of workplace injury or death, you can work with Indianapolis personal injury lawyers at the Hankley Law Office to claim for benefits and coverages that your workers’ compensation insurance offers. While the benefits may vary depending on the severity of injury or disability, a personal injury attorney may help you get the following benefits:

1. Medical Care

Worker’s compensation insurance may include hospitalization and medical benefits which may shoulder doctor visits, medication, and surgery. It may also include equipment cost as well as payment for counseling, pain therapy, and acupuncture. Unfortunately, if you are considering experimental or investigative treatment or therapy, worker’s compensation may not provide coverage for those procedures as only generally acceptable medical practices are covered.

2. Rehabilitation

Your insurance will pay for medical and therapeutic care which is necessary for your recovery from injury or illness. If you need care and training in order to regain the skills and abilities you need to return to work, worker’s compensation will cover that as well. If you will not be able to to return to your previous work, worker’s compensation will shoulder the costs for evaluation, retraining, tuition, and others to help you get qualified for another job.

3. Disability

Workers’ compensation can help you defray the cost associated with lost wages if you become disabled. Disabilities are usually categorized into four types:

  • Temporary total disability keeps you from working at all but only for a limited period of time.
  • Temporary partial disability prevents you from performing some duties of your job for a limited period of time.
  • Permanent total disability is a disability that prevents you from ever returning to your job. It does not require total helplessness or medical incapacity
  • Permanent partial disability is one that causes permanent damage but only partially impairs your ability to work

4. Death

Worker’s compensation insurance provides death benefits to beneficiaries of the deceased worker such as spouse, child, parent, or sibling and were financially dependent on that person. Although workers’ compensation shoulders funeral and burial expenses, the main purpose is to cover for the loss of financial support.
Injuries can cause a lot of changes to a worker and financially capability is one of them. Luckily, they can rely on worker’s compensation insurance to give them some help with expenses associated with their injury or illness.

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Tips On How To Avoid Blind Spot Accidents

Posted by on Jun 18, 2016 in Car Accidents | 0 comments

Trucks are one of the biggest vehicles on the road. For this reason, any accident involving them can be turly devastating. According to the website of Williams Kherkher, the effects of such accidents can leave the victims with serious injuries, pain and suffering, and mounting medical bills. One of the most common reasons for crashes involving trucks is the blind spot accident.

According to the website of Karlin, Fleisher, and Falkenberg, truck drivers have to be sure that there is no vehicle in their no-zone spot before they change lanes or make a turn. As such, they can be held liable for any accident with another vehicle. With that in mind, here are some steps on how you can avoid truck blind spots, according to the law offices of Williams Kherkher:

1. Avoid tailgating

Do not let your impatience get the better part of you. Staying too close to a truck is a recipe for disaster. If it suddenly decides to stop or maneuver, it might be difficult for you to avoid crashing to the truck. Stay at a safe distance so you can make the adjustment when the truck decides to change lane or make a sudden maneuver.

2. Avoid The Right Side When The Truck is Turning Right

A truck will usually require a wide space when turning on the right side. When they do such maneuver, it might be impossible for them to see any vehicle on the right side. So stay away from that side when attempting to overtake the truck.

3. Stay At A Safe Distance

Rear view mirrors will have no effect in trucks. When you are staying too close to them, it is impossible for the truck driver to see you. Your best bet is to stay far enough so you can be seen by the driver in their side mirror.

When involved in a truck accident, you could always suffer serious injuries especially if you are on the blind spot. Being aware of these areas can go a long way in preventing collision with a truck.

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Understanding The Permament Disability Claims Process

Posted by on Jun 17, 2016 in Disability Claims | 0 comments

While employers will ensure the safety of their workers, accidents can still happen in the workplace. According to the website of Scudder & Hedrick, PLC, severe accidents can cause life long life complications such as permanent disability. If your injury or illness caused permanent disability, you could be entitled to receive disability benefits. Getting disabled may cause you to lose income and this is where your disability benefits will come in.

But getting the benefits will not be that easy. According to the website of Chris Mayo Law, applying for the benefits can take months especially if the first application was denied. From the millions of applications received by the Social Security Administration (SSA), only 3 out of 10 are approved at the first stage of application. The remaining 70 percent will have to appeal their application or may have to go through the five stages of application which is as follows:

The Initial Application

Here the applicant submits their application to the SSA together with the medical evidence and supporting documents. The initial stage can last from 90 to 120 days and only 30 percent of the applications will be approved.

Reconsideration

For applications that were denied in the initial stage, they have 60 days to appeal their application. In the reconsideration stage, the denied application will be reviewed once again by the SSA. The appeal will take around 3 to 5 months and the approval percentage will go down to just less than 15 percent.

Hearing

If the appeal is rejected for a second time, you will be given 60 days from the date your request was denied to ask the SSA for a hearing. Your claim will then undergo an examination by an administrative law judge who will then review and either approve, sent for review, or deny your claim. This stage may take up to a couple of years to complete. In the hearing stage, the approval rating goes up to 63 percent.

Appeals Council

If you disagree with the decision of the judge during the hearing stage, you can take your claim to the Appeals Council. The review of your case will take between six to twelve months and the chances of approval of your claim is less than 2 percent.

Federal District court

If your claim was once again denied by the Appeals Council, you can escalate it to the Federal District Court. They can then either approve, deny, or send your claim back to the SSA for further review.

For approved claims, it will be subjected to “diary review dates” on a period of 1, 3, and 7 years depending on the condition of disability and the likelihood of improvement. Usually, you will just have to show that the claimant is still suffering from the impairment.

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Common Defense in a Foreclosure Case

Posted by on Jun 16, 2016 in Foreclosure | 0 comments

Foreclosure is a terrifying experience for most people. The thought of not having a place to sleep in can be traumatic for the homeowner. According to the website of Hong Law, PLC, while a house is just an economic commodity for financial establishments, it is far more valuable to the owner. Hiring the services of an attorney can help you regain your foreclosed property.

In the United States, foreclosing a home may require the approval of a court before the homeowner is evicted from their homes. This is true in a judicial foreclosure state, where the bank just cannot foreclose a home without court approval. So as the foreclosure will undergo court proceedings, here are some of the common defense that your lawyer will use to fight foreclosure.

Lack of Standing

In this defense, your lawyer will try to prove that the bank is not the proper plaintiff or owner of the foreclosed property. The proof of burden lies on the bank as they need to show that they own or has the promissory note and mortgage. This can prove difficult to a bank as mortgages are usually sold and transferred to other financial institutions.

Improper Delivery of the Summon and Complaint

Most mortgages requires the bank to notify the homeowner that their loan is in default before they file a foreclosure lawsuit. The notice must provide the required action and give the homeowner at least 30 days to comply before initiating foreclosure.

Unclean Hands

Here the homeowner must prove that the foreclosure was a fraud, illegal transaction, or oppressive to them, then this defense can help keep the property from being foreclosed.

The Mortgage Payment Was Not Properly Accounted For

You can prove to the court that the loan provider did not properly credit payments and/or charge the necessary costs in accordance with the law. If you can do so, the court may stop the foreclosure of your property.

The Lending Company Did Not Comply With HUD Requirements

The National Housing Act calls for lenders to advise homeowners of loan counseling options offered by the US Department of Housing and Urban Development. If you are able to prove to court that the lender did not provide such advise, then you can get your property back.

Foreclosure can bring so much distress and grief to homeowners. For this reason, you can make the bank or lending institution liable for their action.

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On Fines and Penalties For DUI/DWI Violation

Posted by on Jun 15, 2016 in DUI/DWI, Fines and Penalties | 0 comments

Driving Under the Influence or Driving While Intoxicated is considered a criminal offense in the United States. According to the website of Kohler Hart Powell, SC, getting a DUI/DWI conviction can have a negative impact on your life. The good news is that just like any criminal charge, there is a presumption of innocence. If found guilty, there will be corresponding fines and penalties.

According to the website of the Law Offices of Ronald Resmini, LTD, alcohol-related crashes accounted for 10,322 deaths in 2012. This was based on the report of the National Highway Transportation Safety Administration (NHTSA). When arrested due to DUI/DWI, your driver’s license is likely to be suspended complete with a report from the Department of Motor Vehicle. If the suspension or relocation is upheld, you will be given 10 days to contest the decision.

So what offenses or penalties await you when convicted of DUI/DWI? A Milwaukee personal injury attorney will tell you that a first time offense will warrant a jail time of up to six months. All states recognize DUI as a misdemeanor. The penalty may increase depending on the circumstances. In some states, the minimum jail time is at least several days for a first offender. A repeat violation may carry a jail term of several months to a year.

DUI/DWI becomes a felony if it results to injury or death of another person or if is the third or fourth offense of a driver. The jail term will depend on the state law, facts surrounding the case, and upon the discretion of the judge. Aside from jail term, the offender can also expect to pay stiff fines ranging from $500 to $2,000.

In addition, your offense can result to the revocation of your driver’s license for a substantial period of time either through court order or mandated by the DMV. In many states, the license can be revoked for at least 90 days, a second offense for one year, and a third offense for three years. If you refuse to subject yourself to a breathalyzer, blood, or urine test, it may contribute to suspension of your license as well.

Some states take the punishment to the next level by either temporarily or permanently confiscating the car and its registration. Some even require the attachment of an ignition interlock device, which is handheld alcohol sensor unit attached to the dashboard. When the BAC of the driver is above the fixed level, the car will not start.

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