Handling Your Overpayment Claims Well

Have you ever received a notice from the Social Security Administration (SSA) saying that you have been overpaid by thousands of dollars and demanding that you return the overpaid amount? If you have, then here are some steps that you can undertake to correct your disability premium.

If you have been notified by the SSA about overpayment in your claims, visit the nearest SSA branch office in your locality. Verify the matter with branch personnel. You may request for a re-computation of your payments.

Next, if you think that the overpayment claim is not right, request for reconsideration by accomplishing for a waiver so that the collections will be suspended. When requesting for a waiver, have your receipts ready. Other expenses may come into play as well.

When your request for a waiver of payment is denied, you can appeal the decision and request for a hearing. An administrative law judge will be on hand to address your concern.

On the other hand, if you think that the SSA personnel was right in claiming that you overpaid your disability benefit, then there is no other recourse but to settle the amount or have disability benefits terminated as well.

It will be good if you make payment arrangements with the SSA. Work out a scheme that will not hurt your budget but will enable you to pay your premiums promptly.

Your disability should not serve as a hindrance for paying the correct disability benefits. It is always tempting to claim money that is not yours especially if it involves thousands of dollars. But then again, you can find yourself in a legal dilemma if you persist in doing this.

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Labor Law Violation on Age Discrimination

One of the most unaccepted labor law violations is age discrimination. It is unlawful under the Federal Age Discrimination in Employment Act (ADEA), and the California Fair Employment and Housing Act (FEHA) to discriminate an employee on the basis of age.

The State law of California makes it illegal for employers to terminate any individual who is at 40 years of age for the reason of his/her age. One example of this is the case of Brian Reid who is suing Google, Inc. on the grounds of age discrimination. You can read more about this on a blog article entitled "California Supreme Court Agrees to Review Age Discrimination Case".

There are three types of age-related discrimination that may be alleged:

1. Discrimination by Disparate Treatment

2. Discrimination by Disparate Impact

3. Age-based Harassment

In the case of Reid, he asserted causes of action for unfair business practices under California’s Unfair Competition Law (UCL), disparate treatment under FEHA, wrongful termination, failure to prevent discrimination and emotional distress.

According to him, he had been called “fuzzy,” “sluggish,” and “lethargic” at work, and that he had been told his ideas were "obsolete" and "too old to matter." These accusations were found by the appellate court to be true and hence, gave Reid the permission to pursue his claims.

His allegations can indeed be considered as harassment since age-related discrimination include age-based jokes or comments, offensive gestures, labeling or name-calling, and other verbal or non-verbal conduct that is insulting to an individual 40 years old and above.

In such cases where employees are harassed through unwelcome or offensive conduct based on his/her age which creates a hostile work environment, a complaint for age discrimination may be filed to the appropriate courts.

Any employers who commit a labor law violation of this kind will be subject under the law to compensate their aggrieved employee. The unreasonable and unlawful conducts of employers towards their elderly employees should be given due consequence.

Workers who believe that they have been discriminated against on the basis of their age may try to settle the issue with his/her employer. In case they weren’t able to come to a settlement, they have the right to file charges.

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The Price For Violation Of Trade Secrets

The key to a successful business or company lies in the formula, processes or designs that the company preserves. A trade secret is a “formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.”

Trade secrets are governed by state laws. They are not protected by law as much as patents and copyrights are. Most states adopt the Uniform Trade Secrets Act (USTA). The main difference between patents and copyrights and trade secrets is that it remains a secret when it remains undisclosed.

In order to prevent trade secrets from leaking into the competitor, the plaintiff should issue a non-disclosure statement as well as non-compete clause. An employee, in order to have a chance to continue working with an employer, is made to sign an agreement not to reveal the company’s “proprietary information.” Any violation of this agreement shall merit stiff financial penalties for the offender.

Compared to a patent, there are no expiration dates for trade secrets. However, the absence of formal protection will not stop a competitor from using the trade secret once it leaks to the public.

In any case, as long as the trade secret would not lead to monopoly or unfair advantage, then it is alright not to reveal the confidential information. However, if the opposite happens, then I think trade secrets is one way of creating unfair competition.

Trade secrets are considered as intellectual property rights and if you think that it is being violated already, then you have the right to make a claim.

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