Extended Leave for Military Families

Benjamin Franklin must have been really thinking way ahead when he said that “necessity is the mother of invention”. But it is true, people sometimes create solutions in answer to problems they themselves created.

Reading through the article, “Family and Medical Leave Amended to Protect Military Families”, posted on February 1, I cannot help asking myself for whose interest this amendment truly serves. Two things come to my mind. Was this created to help military families? Or is this in support of the war efforts?

The article refers to the amendment made to the Family and Medical Leave Act (FMLA) which was recently signed into law by President Bush on January 28 this year. The amendment “allows an employee to take up to 26 workweeks of leave to care for an injured or ill member of the family who is a covered member of the military”.

The act also permits an employee to take 12 weeks of FMLA leave for ‘any qualifying exigency’, which applies to situations such as when a family member “has been notified of an impending call or order to active duty in support of a contingency operation”. While this provision is still pending approval, the Secretary of Labor however encourages employees to avail of this particular leave provision.

To qualify for the leave extension, the military member that requires care must be “undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness”. Also, the injury or illness must have been incurred by members in the line of duty during active service.

Moreover, employees who are eligible to take this extended leave are a "spouse, son, daughter, parent, or next of kin [the nearest blood relative]" of the injured or ill service member.

I agree and support the idea of granting employees their due, including their leaves and other benefits, but isn’t it ironic to say we are giving “protections” to people when we actually send them to war and after getting injured, allow their family members to avail of an extended leave?

Caring for a wounded or injured war hero is admirable but in the long run, wouldn’t it be better to spend money on worker’s benefits or wages rather than on arms, nuke bombs or gilded coffins?

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Your first injury in California

Personal injury laws are varied from state to state and from jurisdiction to jurisdiction. In California Personal injury laws have its own set of realms and specific coverage.

Having been injured for whatever reason or causes, is really not an ardent desire that one had ever dreamt of. There is no reason to be happy, nor to brag or be proud about.

Totally, it is a disaster! It is a sullen experience that could spell a difference between having a good life or a hell kind of life.

In today’s setting there is really no safe haven to speak of. People could be injured anywhere, everywhere and else where.

People are exposed to danger no matter how much ounces of prevention was taken. People are prone for injury.

Personal injury is prevalent and common in this precarious world.

In California, cases of personal injury have risen up. Injuries arising from vehicle accidents, general negligence, premise liability and product liability have been escalating in nearly 5 years time.

This was alarming and unsound.

Despite the continued campaign of the state officials to dwindle the situation, it has not return to its soundness.

Because of this, our courts have been inundated with complaint for personal injuries.

Further, the frustrating situations have increased the demand for legal help from various California personal injury legal services.

Many helpless victims have nowhere to settle. They are in chaos and do not know what to do, where to go, and ask will they ever survive.

Hard as it is, but it is a fact, a reality that we all must faced.

If it was your first injury in California, well, you must be mindful, watch your own feet and ready your self for a huge battle.

Help is there, the law and order is there, the hospital is there and several sector is there, you just have to choose which way to take.

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The Role of Confidential Agreements in a Modern World

Have you been made to sign an agreement not to disclose specific information? Can lawsuit ensue for breach of such agreement?

A Confidentiality Agreement is a legal contract between two or more parties which provides and outlines restricted information or knowledge which cannot be disclosed to others.

• Protecting your classified information or inventions exposed during discussions, proposals or negotiations
• Employers engaging services of employees and independent contractors without the requirement of an employment contract
• Trade secrets
• Any purpose described therein

Normally, it is entered into between two companies or individuals doing business together. They can either be mutual meaning both parties are restricted from use of materials provided or they can only restrict a single party.

Breach of this agreement entitles the other party to sue for damages and seek an injunction against further disclosure.

From my own point of view, non-disclosure agreement has become a necessity in this modern and competitive world. It is considered one of the protective measures to battle formula or policy leakage from the market or community.

Without this, we could easily get an access to a restaurant’s way of cooking its food or a company’s manner of marketing its product or an inventor’s approach of creating things. The world will be in chaos if nothing could be done to deter technical or commercial information from being exposed.

Indeed, classified information must remain confidential to ensure healthy and fair business competition and variety in providing services. This will make people find ways to improve their products or services and challenge them to do more.

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Procedures in Serving Termination and Severance Package

Dismissing an employee is often a difficult task for an employer. Nevertheless in serving an employee his walking papers certain procedures must be followed. In order to do this, an employer must first prepare a good severance package for a departing employee.

The article, “Writing a Termination Letter – If you Offer a Better Severance Package “, posted on February 15, outlines the procedures for writing a better termination letter and a severance package.

According to the article, the ideal package must contain the following information:

• A notice of termination stating the reasons

• The terms of settlement in the severance package

• The benefits offered by the company

In serving a severance package to an employee, certain procedures must be followed. This includes:

1. The employer should inform the employee on his termination

2. The employer must cite the reasons for his termination

3. The employee must explain the benefits of the severance package

4. The dismissed employee must be given a chance to explain his side of the issue

5. The employee has a right to see and meet with his lawyer

6. The severance agreement must be signed by the employee

In most cases, a severance package is offered in exchange for a release and it is considered a company option. If a worker quits his job voluntarily or dismissed with cause, he is not entitled to any severance package from the company. It must be remembered that employment severance packages are a company’s prerogative and is being offered as a gesture of goodwill to a former worker.

However, in some cases, legal disputes arise when a dismissed employee files an illegal layoff lawsuit. This happens when a company lacks the preparation to deal with the issue.

To properly address this problem, a company must anticipate this and hire the services of a lawyer who can draft a termination notice and a severance package even before the need arises. In terminating an employee, one should make sure that a worker has signed a termination form to set the records clear.

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How to Deal with Employment Discrimination

Have you been discriminated against in your workplace? How did you deal with it?

Luckily, I have never been discriminated against in my four years of being a member of the workforce. I guess I am among those few who experience fair and equal employment terms or my time has not yet come.

But for those who had been or is still in a discriminating environment, I bet every day is a struggle for them. They do not only carry the burden of having to accomplish their task but having to deal with the unfair treatment in their workplace as well.

Employment discrimination exists when employers illegally single out employees and job candidates on account of:

• sex
• age
• race
• color
• nationality
• religion
• marital status
• sexual preference
• pregnancy

However, if the singling out of employees is for reasons that are not covered by the laws, then employees are not protected from those types of discrimination. Example, if your employer is extra hard on you for no reason at all, no matter how unethical that is, it would not still amount to discrimination.

Annually, U.S. Equal Employment Opportunity Commission receives at least 80,000 discrimination complaints. I can’t help but be alarmed of this number despite efforts of the state to issue and enforce anti-discrimination laws and regulations.

It is my opinion that to be or not to be discriminated against is a personal choice. You have a choice to fight for your rights or sit and wait for others to complain.

The best way of fighting this social dilemma is to report the incident immediately after its occurrence. By doing so, the employer is warned that you cannot be taken lightly and would not pass any act of discrimination against you. If it continues, then you should file the necessary legal charge with EEOC. It’s best to act now before it’s too late!

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Hindered by a Non-Compete Agreement

Are you sick and tired of getting instructions from your employer? Do you find it annoying to follow company rules that limit your growth and potentials? Do you want to explore something new and have your own firm in Los Angeles?

If you have the financial resources and the substantial amount of knowledge and skills in running a business, then why not establish your own corporate venture. The only thing is; are you covered by a non-compete agreement?

If yes, pause for a while and closely examine some legal implications you may face if you decide to continue. It would be better to consult some corporate law attorneys in Los Angeles for proper advice and assistance.

Non-compete or non-disclosure agreements have been the tool of most employers in California to protect the vital information about their company operations. These contracts impede the workers who signed it from revealing such business data and procedures to others or utilizing it for any purposes competing against the company.

Thus, if you have signed a confidentiality contract but still you pursue in establishing your own business, your employer may charge you of breach. In this case, you will have to prove in court that you did not use your former company’s information in any manner that is prohibited in the contract.

Meanwhile, under the Trade Secret Law, employees who have been exposed to confidential information are subjected to several legal; restrictions. This means that even you have not been engaged in any confidentiality agreement, the Intellectual Property statutes are still applicable to protect the welfare of the business owners.

Let me enumerate some things that you may perform to minimize the possibility of being charged if you want to risk in initializing your own business.

1. With the assistance of a corporate law attorney, examine the agreement that you have signed with your former company. Follow your attorney’s advice to avoid the consequences

2. Make a list of all the information you have learned from your former company and forget these things. Consider learning other knowledge and skills by attending classes and seminars.

3. Avoid contacting the customers of your former employer, let them contact you.

4. Try establishing a business, which is completely unrelated with your former employer.

5. Let a corporate attorney in Los Angeles guide you in every performances that you do.

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The Impact of Dual Shop Operation on Workers

One of the obvious reasons for having a union is to be able to negotiate deals with employers or management through collective bargaining agreement (CBA). In most negotiations concerning workers’ issues, the CBA has proven itself to be an effective tool. Deals done through the CBA often result in a fair and standard decision on issues and concerns.

But what happens when an employer deals with two workers’ groups?

The article, “Perils and Pitfalls of Double Breasting in Construction”, posted on September 12, 2006, deals with double breasting, or the illegal practice of hiring both union and non-union (‘open shop’) workers to do work for one company. Double breasting, also known as dual shop operation, is opposed by organized labor because they believe this practice takes away work or employment from most union members resulting in decrease union contributions.

The article takes the example of a highway construction company in Oklahoma, which applies double breasting to undertake some of its projects. According to accounts, the company has been operating for years hiring open shop workers and subcontracting other jobs to union workers. Although both groups serve a common employer and have the same office, each has separate record and accounting.

When the union asked for recognition of their negotiating rights under the CBA, the courts readily granted it to them. But they failed to stop the practice as the court held that the work of non-union employees has no conflict with the group and the company.

I think this is the danger of operating a business using double breasting or dual shop operation. This practice creates duplicity of standards and policies. And as pointed out by unions, workers are deprived of protection due to a double-standard policy.

Moreover, a business that operates under this system has always a ready option against workers who may find some grievance with the company. Termination of workers would be easy as non-union workers are always available. I believe this system stirs insecurity and discouragement among workers.

If you believe your rights have been violated because of illegal employment practices like this, you should consult with a lawyer immediately.

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