Protect Your Life's Investments: Get Medical Insurance Today

Most families or income earners are employees who work at least eight hours a day, five days a week. Others even get additional jobs to make ends meet.

People think that investments only apply to employers or business owners. They cannot be wrong. Even working persons put their investments everyday to work in order to earn money. While businesses put money and properties as investments, common workers like us invest our physical strength, health and emotional well being everyday to earn a living.

You must protect yourself by staying healthy. This can be done by eating right and taking vitamins to supplement the energy lost or expended everyday. If you get sick, your investment is lost because you cannot go to work and your employment and earning capacity is affected.

However, people get sick sometimes even if they take vitamins, do exercises and eat right. Other factors could also affect your health, like the environment, weather or stress and other problems. When this happens, you should protect your investment by securing health plans or medical insurance.

Health insurance is a type of insurance that pays for your medical bills when you got sick or figured in an accident. In the United States, you can choose from these three medical insurance:
1. Medicare;
2. Medicare Advantage; and
3. Medicaid

Medicare and Medicaid mostly cover elders while Medicaid was created to help individuals who cannot afford any medical insurance.

Aside from the above, there are private health care providers that can help protect your investment so you can earn more and longer for you and your family.

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Whistle Blowing: A Concern in the Workplace

Whistle blowing is an act by an employee in telling on an employer when the latter happens to break a law.

However, not all complaint or information filed against the illegal acts of employers constitute whistle blowing. Technically, the act of the employee is only considered whistle blowing if he or she reports the employer’s illegal activities to the proper authorities. A report made by an employee to another co-employee or manager of the company is not considered as a whistle blowing act.

If the act of the employee is not considered whistle blowing, he or she cannot be protected by whistle blowing laws. This is the growing concern of would be whistle blowers in the work place. They are afraid that they might be retaliated against by the employer without any means of defense or recourse.

This is a misconception. Any employee who tells on the illegal acts of his or her employer although not technically considered as whistle blowing is still protected by law. Although it is true that protection under whistle blowing laws will not apply, there are other laws of equal force to make employers pay for retaliation. There is Equal Employment Act and Federal Employment Housing Act, among others, that provide employees recourse for any type of discrimination, harassment, retaliation or unjust and unfair acts committed against an employee.

Do not be afraid to whistle blow. Labor laws are, in reality, in favor of labor or employees. There are more than enough safeguards to protect the rights of every working man in the workplace. It is, however, up to you, to have the courage to pursue your rights against your unjust employers.

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Wrongful Death vs. Survivors Action

In every accident, not everybody is lucky enough to get out unhurt. Even those individuals who sustain serious injuries and are badly hurt as a result of accidents could also be as lucky as compared to others.

The worst thing that could happen to a person as a result of accident is loss of life. In case of death of an individual as a result of an accident, California laws provide remedies for heirs and beneficiaries of victims of such death. This is what is known as wrongful death.

However, not all deaths result in instantaneous death. Some injuries as a result of accidents are not easily determined. Some of these serious injuries are head injuries and spine injuries. A person who sustains physical injuries as a result of an accident can file for personal injury claims. Unfortunately, there are cases where the plaintiff, who files claims against the negligent party, later dies due to complications to his or her personal injuries from the accident. In this case, California laws allow the heirs or beneficiaries to continue the suit in favor of the deceased. This, in turn, is what is known as survival action.

The only similarities that may be observed from a wrongful death action as opposed to survival action are:
1. Death of a person; and
2. Claims for damages as a result.

There are many differences between actions for wrongful death and survival action.
First, wrongful death in California is governed by Code of Civil Procedure Section 377.60, while survival action is governed by Code of Civil Procedure Section 377.30.

Second, the people who are allowed to recover damages are different and they are exclusive of each other. In wrongful death, only the people mentioned in the statute can recover damages. The action therefore cannot be delegated to any other person. It is different, however, with survival action. In this type of action, any heir or beneficiary can claim damages as a result of the death of the person who originally has the right to file suit. California courts allow any person, who stands to inherit from the deceased, to file suit on behalf of the deceased, which is not the same for wrongful death cases.

Third, claims for damages are also different and exclusive between two causes of actions. In wrongful death, the purpose of the law is to allow recovery of damages to the family members left by the deceased, funeral and burial costs may be granted to the claimants. Grant of damages also includes the value of future support, loss of love, affection, comfort, training and care as well as sexual cohabitation.

On the other hand, the purpose of survival action is to step in to the shoes of the deceased. Hence, the claim may include everything that the deceased could have claimed if alive. Damages for this type of action include medical expenses and lost of earnings of the deceased.

Last is the counting of the statute of limitations. In wrongful death, which has a statute of limitations of two years, the date is counted from the time of death of the deceased. On the other hand, in survival action, the statute of limitations begins from the time the cause of action actually arose which is prior to the death of the deceased.

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What Constitutes a Sexually Hostile Working Environment?

The worker has the right to a safe working environment. Hostile working environment opens up the employer to liability for not providing the workers with a hostile-free environment.

A sexually hostile environment is created when there is unwelcome conduct based on gender. Aside from this, two factors must also be present. They are:

1. It must be abusive to the person affected; and
2. It must be severe and pervasive as to create a work environment where a reasonable person would find it abusive.

In order to determine whether the sexual act or unwanted sexual conduct is pervasive or severe, the courts consider the following factors:

1. The frequency of the unwelcome or discriminatory act;
2. The severity or gravity of the conduct;
3. Whether the conduct was physically threatening or humiliating, or a mere offensive utterance;
4. Whether the conduct unreasonably interfered with work performance of the employee;
5. The effect on the employee’s psychological well-being as a result of the harassment; and
6. Whether the harasser was a supervisor in the organization or exercises moral ascendancy over the employee victim.

No hard and fast rule can determine whether sexual harassment creates a hostile working environment. A person asking a couple of times for a date does not constitute sexual harassment. However, touching a person in a sexually offensive manner or addressing any unwelcome comment, frequently, may constitute sexual harassment.

The only factor common to all sexual harassment cases is the fact that it is unwelcome and/or unwarranted by the victim.

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What Employers Should Know About Severance Package

Severance package is a package granted to employees after being laid off from work. This may also be given if an employee is terminated for authorized causes or even when the employee resigns depending on the arrangements.

However, if you are an employer you should know that there is no law forcing you to provide severance package. You can only be forced to do so under the following circumstances:
1. If you signed a contract granting severance package;
2. If severance package is regularly given to employees of a certain rank or position;
3. If you verbally agreed to provide severance package; or
4. If is mentioned in the employee’s handbook even without a contract.

Under the above cases, you may be sued for damages if you fail to provide your employees with the severance package.

If you want to grant your employees severance package, the usual amount is based on the employee’s monthly salary. Others include bonuses in the salaries as part of the computation of the severance package. There is no law providing for basis of severance package.

Just remember that you cannot be forced to enter into negotiations on the subject of severance package. Other employees may want to include severance package as part of the employment package. It is up to you if you want to include severance package as part of the deal. In the end it’s how much you want the said employee that counts. If you think that he could really be an asset to you then go ahead negotiate.

If you need help with understanding more about severance package and its consequences, consult your expert employment lawyers about it.

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Claiming Your Right to Worker’s Compensation

Worker or employee compensation is a state regulated insurance program that helps employees who are injured on the job or suffered diseases related to their occupation. It is the obligation of the employer to pay for the whole or at least a substantial amount of Worker’s Compensation insurance depending on the laws and regulations of the state.

Although worker or employee compensation is granted as a result of accident, it is different from a the usual personal injury claim.

In Worker’s Compensation, you do not need to prove that the injury of the worker is the result of negligence by another person. It is enough that the worker sustained personal injury and that the injury or disease was the consequence of performing the worker’s job.

In addition, unlike in general personal injury claims, contributory negligence on the part of the worker who sustained on the job personal injuries does not work to minimize the amount of claim the worker will get.

Unless the job related personal injury will be blamed for a defective product wherein the victim can make a separate claim, Worker’s Compensation from his or her employer is all the worker has to support his or her treatments and sustenance until he or she can get back to work again.

Unfortunately, many insurance companies have insurance adjusters who are experts at defending the company from claims. It is your duty then, to hire competent employment lawyers from the Mesriani Law Group. They are the ones who are adept in pursuing Workmen's Compensation claim.

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Violation of Trade Secrets

Trade secrets are loosely defined as vital business information, which are treated as secrets. This secret business information generally relates to secret designs, advertising strategies, profiles of clients and consumers, method of distribution, list of manufacturers, suppliers and other entities vital to the business operations and manufacturing processes.

Trade secrets are valuable to a business because it gives the business the edge over other competitors. Unfortunately, due to the cut throat condition of the economic market at present a lot of individuals or entities resort to underhanded means to succeed or turn a profit with their ventures instead of relying on their own skills and hard work.

Trade secrets are one of the targets of these unscrupulous businessmen. Unfair practices constituting violation of trade secrets include industrial or commercial espionage in order to acquire trade secrets or vital information from your company in the most insidious ways possible, breach of contract and by means of breach of confidence.

Protecting your trade secrets is vital to the survival and success of your business. Unlike patents, trade secrets do not need to be registered to be protected. However, there are conditions that you must fulfill in order for your trade secrets to be protected and to be able to have a valid claim against those who would violate your trade secrets.

If you want your trade secrets to remain a secret and prosecute the violators, you need competent trade secret lawyers to help you in this task. There are a lot of competent intellectual property attorneys who will be willing enough to help you establish your trade secrets.

Trade secrets are the aces of your trade, you should protect it with everything you got, and all you have now will be more than what you need when your business flourishes.

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Your Trademark, Your Trade

Trademarks are very important because it identifies your company. It is a mark that signifies where the products came from or manufactured. Serious corporations and manufacturers invest thousands and even millions to create and subsequently to protect their trademarks.

Trademarks, for those who are already established in the market, are invaluable intellectual properties where infringement for gain or sabotage could spell serious disaster to the name and hence sales of the products.

If your trademark is appropriated in any way, causing your business harm as a result, you definitely have a claim against the infringer for the infringement of your trademark. You can only sue for infringement if your trademark is registered.

If you are just starting out, with a lot of money invested in your company, the assistance of expert intellectual property lawyers is vital to your company. Intellectual property lawyers like the lawyers of the Mesriani Law Group will help you choose trademarks: names, symbols and other identifying mark that are distinct and registrable.

Aside from this, expert lawyers will be able to help strengthen your trademark position, assist you in processing your application and help you make full and proper use of your trademark.

Hiring expert lawyers is a small price to pay to protect the banner of your growing industry. With expert lawyers at the help, you will be assured that your trademarks will not lose its inherent value by defacement, misuse or fraudulent appropriation by rival companies or individuals who wants to sabotage your investments.

Remember, your trademark is your trade, protect it and you protect your growth.

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