Wednesday, October 3, 2007

Discrimination based on Physical Disability

An employee faces so many challenges in the work place. This may include the rigors in the employment process itself, such as the meeting of a particular deadline, or the reaching of a particular quota.

However, aside from this production related challenges that a worker is faced; an employee also encounters certain problems referring to his or her relationship with the employer and certain occupational hazards that he or she may experience along the way.

As stated, the employment atmosphere is such a jungle that if you are inattentive and unaware of the dangers that are lurking within it then you could be a victim of a work hazard and suffer the consequences thereof. Such drastic consequences may include physical disability that would preclude the employee from doing what is incumbent upon him or her to perform.

The office of an employee requires him or her to be productive in the work place, and if the employee no longer functions as is expected of him or her, then the employer has the option of eradicating the services of the latter. However, as like any other right this prerogative of the employer to terminate the services of an employee could not be exercised without regard to the basic constructs outlined by our laws and the Constitution.

Discrimination because of physical disability is a prohibited act under our laws, and it is considered as an unfair labor practice that would actually bring about liability to the employer if the same is being practiced.

The fact that an employee has a disability is not a sweeping and roving justification that he or she may be dismissed at the whims and caprices of the employer. In fact, termination of services, or even constructive dismissal of an employee on the sole basis of his or her physical disability alone would be considered as falling within the confines of discrimination on the basis of physical disability and an unfair labor practice.

Disability is considered as an ample ground for the termination of the employee’s services. It must have the following characteristics: the said disability must be grave enough to cause the inefficiency of the employee, meaning that if an employee although having a physical disability can function and produce as like any other employee then there is no justification for his or her termination.

Another is that the disability although grave enough to decrease production must not be brought about by the hazards of employment, meaning that it must not be considered as an occupational disease, if so then the disability cannot be a ground for dismissing the employee’s services.


About Author
For more information about Employment Discrimination visit our Los Angeles Attorneys.

Agreement Not to Compete

With the goal of our state to lessen government intervention when it comes to legitimate transactions between individuals and business entities in consonance with laissez faire economics, provisions that are prevalent in employment contracts have become more and more creative, innovative, and at times, even restrictive.

The only requisite and limitation provided by our state is the fact that these provisions present in our employment contracts should be in consonance with and must not run counter or repugnant to the provisions of the Constitution, governing laws, public policy, and good conduct. This means that any provision can actually be made part of an employment contract and can be considered to govern the conduct of the employer and employee and need to be followed to the letter so long as it is not repugnant to any of the enumerated delimitations.

An example of an employment contract provision that has become a staple in every employment contract drafted is the Non-Compete Agreement. A Non-Compete Agreement or more commonly known as a Non-Compete Clause is a provision in an employment contract which espouses the concept that upon an employee’s termination or the severance of his or her employment with the employer. The employee is not allowed to join or be employed with any other business establishment having the same economic interest and field of industry as that of the previous employer.

The Non-Compete Agreement is actually grounded on the principles of fair play and protection of privacy and business interest of the employer upon the dissolution of the employment relationship. The fact that the employee previously had access to private information and business secrets and trade, and that there might be a possibility that such confidential business information may be shared upon being employed with a competitor business entity is what is avoided by such provision.

Usually, the prohibition of being employed with a competitor business establishment on ht employee dismissed or voluntarily resigned is within a period of one year. This means that within such period of time, the former employee is prohibited from being employed with another business entity which is functioning much the same way as that of the former employer or another business entity that may have useful utilization of the information that the former employee acquired.

Non-compliance with said provision may actually compel the former employer to file a cause of action against such employee and even the new business establishment for unfair competition, and appropriate amount of damages may actually be collected.



Article Source: http://www.1888articles.com/author-atty.-gabriel-cosh-4745.html

Food Poisoned?

Maybe, you are not yet aware of the fact that improper manufacturing of food and beverages may cause you numerous illnesses and in extreme cases, instantaneous death. It is not joke dealing with food poisoning. Appropriate medical attention and treatment may cause the victim a lot of money and time. This neglectful act of the manufacturers should be well accounted for.

As provided for by the pertinent laws, people who suffered from ailments brought about by food poisoning may demand for a Product Liability Claim. Although it is quite tough to prove that you have been victimized, the support that you may obtain from the party involved will be of great help for you. Consider the about the physical, emotional and monetary damages that you get from this misdemeanor.

You can utilize this financial gain that you will acquire from the case for the treatment and also serves as a compensation for the productive time that you lost, disabling you to work. Much more, it is important that you file your case in court to prevent those delinquent companies from victimizing other innocent people.

In case that you have decided of bringing your petition in court, an assistance coming from a skilled Personal Injury Attorney is very much advised. He will help you gather the necessary evidences and medical records to be presented in the case hearings that will be called by the court.

This will surely increase your chances of having favorable results regarding your case. Also, an attorney who is an expert in litigation of cases of these likes will be an assurance that you will be justifiably compensated and maybe putting the concerned manufacturing company to closure.

You do not have all the time to dwell on make your mind up whether to file a claim or not. Act now; the law requires only a certain period of filing Product Liability Claim.



Article Source: http://www.1888articles.com/author-rainier-policarpio-4745.html

Cracking Down on Drunk Drivers

Using Sting Operations to Reduce Drunk Driving

In our haste to crack down even harder on drunken drivers, we sometimes go overboard and venture into the ridiculous. A case in point concerns the Texas Alcoholic Beverage Commission (TABC). Employing "sting operations" at bars throughout the state, TABC officers have been arresting drinkers who have had too many drinks. The rationale for these special tactics is that these sting operations will cut down on drunk driving. This is a fine rationale, but there's one big problem with these special operations: the TABC officers are arresting drinkers while they're still in the bars!

Affecting the Bottom-Line: Revenue Generation

Interestingly, some of the main criticisms of the tactics employed by TABC have been coming from tourism officials who believe that these sting operations might hurt the tourism industry by tarnishing Texas' "hard-drinking image." In other words, if a number of people who usually visit Texas to do some "hard-drinking" believe that they might get arrested in one of the TABC sting operations, many would-be tourists may decide against visiting Texas. Obviously, this could give Texas a "bad reputation" that would adversely affect the revenue that has been historically generated by the tourists.

Intrusive and Illogical Countermeasures

I agree that arresting drinkers while they are still in the bars is "over the edge" but not because of the complaints from the tourism officials or because these sting operations are giving Texas a "bad reputation." Simply put, arrests made by TABC officers while drinkers are still in the bars are too intrusive and in some instances, unfair. This being said, however, I don't think that Texas' "hard-drinking image" and tourism issues should affect the intent to significantly reduce the number of Texans who die or who are injured in alcohol-related accidents each year. Image and tourism are legitimate issues, but they should not influence laws that are passed to reduce alcohol-related injuries and fatalities on the Texas highways.

A Real-Life Example

I am in favor of creative ways to significantly reduce the number of alcohol-related accidents and fatalities experienced on our nation's highways, but sting operations consisting of arresting drinkers while they're still in the bars are too excessive. To better understand my point, let's create a very possible scenario. My buddy and I go to a Texas bar and my buddy decides to get drunk as a skunk. This decision, from a drunk driving perspective, is OK with me due to the fact that I agreed to be the "designated driver" who will drive my friend home after our night is over. Under these circumstances, I don't think that the TABC officers have any right to arrest my buddy for excessive drinking.

An Issue of Mixed Messages

Regrettably, the TABC sting operations illustrate the mixed messages that exist in our society about drinking alcohol. Simply put, how can something as accessible, available, and acceptable in our society be so harmful AND illegal when consumed at or slightly above moderate intake levels?

Stated differently, alcohol is so prevalent in our culture that it has become intimately ingrained in the fabric of our society. Due, however, to the thousands and thousands of people in our country who experience serious alcohol-related health problems or who die or get injured in alcohol-related traffic accidents every year, many members of the medical community, the law enforcement community, and organizations such as MADD and Alcoholics Anonymous actively and strongly denounce "excessive" drinking and in some instances advocate total abstinence.



About Author
Denny Soinski, Ph.D, writes about alcohol abuse, alcohol addiction, alcohol testing, alcoholism, alcohol recovery, alcohol treatment, and alcohol rehab. For more information, please visit http://www.about-alcohol-testing.com right away!

Settlement of Personal Injury Claims

Thousands of claims are filed everyday in order to pursue legal rights and collect damages due to all sorts of accidents. People, instead of negotiating problems, turn to litigation in order to solve their problems. We are at a point in time where we believe that it is better to have somebody to judge or resolve our problems for us instead of dealing with the problems ourselves.

People get in to all kinds of accidents every single minute of the day from:

1. Car accidents;
2. Bus accidents;
3. Motorcycle accidents;
4. Pedestrian accidents;
5. Slip and fall accidents;
6. Product liability;
7. Construction accidents;
8. Medical malpractice; and
9. Other results of negligence.

The above accidents happens everyday and you can see how pursuing almost all accidents in courts can be a problem.

First, the courts are swamped with these tort cases making the wheels of justice turn slower.

Second, it takes a lot of effort in filing claims and pursuing them in court. It doesn’t matter if it is a simple slip and fall accident claim, car accident claim or aviation accident claim. The fact is that it takes a lot of time and effort to gather evidences, plan for a course of action and litigate those cases in courts.

Third, filing a case in court can be costly. Even if you are able to get a lawyer who works on a contingency agreement to assist you in your claim case, think of the consequent and incident costs in pursuing your personal injury claims in court. You need to go to your lawyer’s office often to address pre litigation or post litigation matters. You need to travel to court also several times during the life of the trial. You may need to contact and meet with the witnesses and insurance personnel for the same reasons. Bottom line, there are hidden costs in litigation even in contingency cases.

Due to the above problems faced by an individual who decides to file a case in court, extra-judicial means of dealing with problems are becoming more popular. Extra-judicial process means alternative modes of resolving disputes like arbitration and mediation.

In a nut shell, it just mean that it is often times faster and less costly to talk about your problems out of court and find a reasonable settlement where both you and the defendant will be comfortable with the outcome.

Next time you get in an accident, try to talk it out with the other party first. You might be surprised that the other party might be willing to shoulder everything and be sorry about the troubles he or she has caused you.

About Author

Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

For more information Personal Injury Claims visit us at http://www.attorneyservicesetc.com/Personal-Injury.html

http://www.1888articles.com/philosophy-of-a-drunk-driver-in-car-accidents-06w265tr2y.html

Criminal defense lawyers are experts specialized in handling criminal cases of different ranges. Criminal defense lawyers are lawyers whose profession is based on providing essential services to the people who are considered as accuse or criminal under the court of law. The basic purpose of hindering the service of the criminal defense lawyer is that, the criminal defense lawyer will argue the points with regards to various laws and sections created to serve the people against the criminal cases. Criminal lawyers are categorized under different sections and classifications.

people when arrested for any of their criminal actions such as murder, rape, theft, sex crimes, domestic violence, kidnapping, hit and run and many other criminal cases, they will be proceeded under the court of law. Under such case, the criminal defense lawyer will argue for the criminal and provides them services. Criminal lawyers provide more essential services to the people around the world. Criminal defense lawyers are considered to be more important and essential and also fetch more demand among the people.

Nowadays, criminal defense lawyers are required in more number, because the crimes have been increased in large number. The price consideration paid for each criminal defense lawyers will vary as per the popularity and fame and successfulness created for the person. Criminal defense lawyers offers the service to the public for a reasonable price consideration to enable them not be offended by the court without any wrong doings. There are cases were people may be arrested in the court of law for non-performing of wrongful act.

In such cases, the criminal defense lawyers will provides service to the people by attending the case for them in the court and makes argument and enable the people to come out from the case. Today, criminal defense lawyers are required for each and every activity performed by people. Criminal lawyer is someone different from other professionals. Criminal lawyers are one who is specialized in analyzing, inspecting and examining the criminal cases undertaken by him. Criminal lawyer may argue for either the plaintiff or for the defendant.

As per the lawyer interest and request of the people, criminal lawyers precede his functionality in the court of law. The features of each criminal lawyer differ from individual to individual as per their state and county. Criminal lawyers come up with wide responsibility. The involvement of criminal defense lawyer may provide positive or negative result for the criminal case taken. Criminal defense lawyers provide their service either in individuals or in groups or team. The argument of each criminal lawyer may differ as per their statutes and laws of the state court.



http://www.1888articles.com/expertise-criminal-defense-lawyers-0117uyh25h.html

Philosophy of a Drunk Driver in Car Accidents

We hear this phrase so many times, “Don’t Drink and Drive” We see these signs in the freeway. We have also heard this from our parents and watched this advice on the television. We might even have friends or family members who were involved in a drunk-driving accident as victims or as the perpetrators. However, why, with all these numerous signs and warnings, some people still ignore these words?

The answer is simple, people do not choose to do it; alcohol tells them to. The mistake of drunk drivers is not mainly in driving their vehicles while under the influence of alcohol; their fault can be traced earlier than that. It is when people chose to drink more than what they can tolerate.

After a person drinks so much alcohol, his or her thinking deteriorates. An excessively drunken individual is less able to discern things in a rational way, leading them to drive and cause harm to other people.

An intoxicated person does not remember the warnings he or she has encountered a thousand times about the hazards of drunk driving. He or she forgets about his or her family members or friends who have been involved in the same accident. A drunken person’s thinking is already impaired. He or she cannot anymore realize its consequences. These are the cause of drunk-driving accidents.

Moreover, people under the influence of alcohol cannot anymore determine whether they can still operate their vehicle or not. Their only desire, in getting behind the wheel, is either to go home or to reach their next destination. Because of these acts, vehicular accidents usually occur.

It is only after the incident has happened, that most drunk persons snap out of their alcohol comas. They usually end up being sorry and wondering why they ever commit this terrible mistake. But then again, it is too late for them to be regretful. The devastating effects of drunk-driving accidents, which include serious paralysis or even death, have already ruined lives.

Just an advice, the next time you go out and drink with your “glass mates”, designate a driver. Else, plan your ride home without you having to take the wheel. Do not wait until you get that first swig of alcohol in your system before thinking about your travel home. Many have committed this mistake and paid dearly with their lives.

Car accidents are not something to joke about. They cause serious physical injuries. Personal injury claims are also costly.

If you are drinking, do not drive. If you are driving, do not drink. You have a lifetime to drink and drive. These activities should not be done simultaneously. You will save lives, especially yours, by abiding to this rule.



http://www.1888articles.com/philosophy-of-a-drunk-driver-in-car-accidents-06w265tr2y.html

Marks of Negligence Caused by Personal Injury Accidents

It is scary to think that most of us are prone to being engaged in an accident. This is, however, something that we cannot do anything about. Sure, we can be very careful in everything that we do. The problem is that other people may not be as careful as you are.

So many things could go wrong in our daily lives. For one, there is product liability, which could cause us physical injuries even though we are just at home. An example would be a defective chair. You may be just laying back and resting in your home sitting in this chair. But if it collapses, it may cause you bruises or even bone fractures.

On the road, even if you are driving carefully on your lane within the speed limit, another vehicle might crash on the rear side of your car. Indeed, vehicular accidents can inflict serious injuries to you. These include damages like head trauma or back injury, which could leave you paralyzed.

If you survive the travel, there is work related liabilities to contend with. You might just be walking to your office one day and trip and fall on the company’s parking lot causing you back, neck and head injuries or fractures.

The facts mentioned are just some examples of the numerous accidents that we may be involved while performing our daily activities. It is difficult enough to be involved in these meaningless accidents. For some who are lucky, their injuries heal in a month or two and sooner than you think, they are back to their normal lives.

Unfortunately, some are not as lucky as others are. Many people are reminded of the negligence of other people everyday for the rest of their lives. I am talking about those who sustained serious personal or physical injuries. It is easy to break your back in a slip and fall accident causing you permanent paralysis. Some are left in a state of coma due to traumatic head injuries resulting from car accidents.

Aside from the above, there are people who sustained ugly scars or amputated limbs due to accidents. It is hard enough to fight for medical costs for your evaluations and treatments against the negligent party. It is worse however, to realize that the reminders of other people’s thoughtlessness are forever etched in your body.

Personal injury claims can mitigate your condition. You can claim damages for medical costs, future medical treatments, loss of earnings and pain and suffering. Nevertheless, apart from these, you cannot anymore claim to restate your life after a devastating accident. It is up to you to make yourself complete again notwithstanding the painful scars and reminders.

You can turn your tragedy into somebody else’s luck. Make your scars a reminder to all others to be more careful in everything they do so they will not turn out to be like you or inflict the same trauma to other people.


About Author

Our Los Angeles Personal Injury Lawyers are competent in handling personal injury accidents due to negligence, visit http://www.personalinjurylawyerinc.com/General-Negligence.html

Wrongful Death Claims a Torts Action

It is a fact that all of us will definitely end up in dying. However, we try to prolong our lives for some reasons; but death is still inevitable. If you or any of your loved ones die due to natural causes, it can be easier to accept than dying through violent or unexpected means. This is what in legal parlance is called wrongful death.

A death of a person may be considered wrongful if another parties' negligence have caused it. When a drunk driver hits and kills your family member, your loved one dies wrongful death.

Actually, all cases of negligence may result in a wrongful death claim or litigation. Other wrongful death causes include product and premise liability, construction catastrophes or even medical malpractice.

Wrongful death, however, is not only caused by negligent acts. The factors causing the death of a loved one may also be intentionally inflicted. Assault is the usual cause of intentional wrongful death.

If you have a family member who died a wrongful death, tort laws allow you to sue the negligent or guilty party for damages. It is true that you cannot put a value on a life, especially the life of your loved one. However, wrongful death suit is designed to help the heirs and beneficiaries, at least to be assured that they will not burden all the consequences resulting from the death of a loved one especially if he or she was the breadwinner.

Ordinarily, children may sue for the wrongful death of their parents. The parents then may sue for the wrongful death of their children. Ordinarily, children may sue for the wrongful death of their parents; parents then may sue for the wrongful death of their children.

Wrongful death statutes differ from state to state. However, the common factor in each statute is remuneration for the heirs. Originally, wrongful death statutes were created to provide financial aid or support to the widows and those orphaned by the wrongful death of a loved one.

In addition, it does not matter whether the defendant is acquitted or vindicated of the circumstances that brought about the wrongful death of your loved one. Tort claims for wrongful death is apart from the criminal acts that may have caused it. Hence, even if the defendant is acquitted of the criminal liability, he may still be liable for damages under the wrongful death claims.


It is a fact that all of us will definitely end up in dying. However, we try to prolong our lives for some reasons; but death is still inevitable. If you or any of your loved ones die due to natural causes, it can be easier to accept than dying through violent or unexpected means. This is what in legal parlance is called wrongful death.

A death of a person may be considered wrongful if another parties' negligence have caused it. When a drunk driver hits and kills your family member, your loved one dies wrongful death.

Actually, all cases of negligence may result in a wrongful death claim or litigation. Other wrongful death causes include product and premise liability, construction catastrophes or even medical malpractice.

Wrongful death, however, is not only caused by negligent acts. The factors causing the death of a loved one may also be intentionally inflicted. Assault is the usual cause of intentional wrongful death.

If you have a family member who died a wrongful death, tort laws allow you to sue the negligent or guilty party for damages. It is true that you cannot put a value on a life, especially the life of your loved one. However, wrongful death suit is designed to help the heirs and beneficiaries, at least to be assured that they will not burden all the consequences resulting from the death of a loved one especially if he or she was the breadwinner.

Ordinarily, children may sue for the wrongful death of their parents. The parents then may sue for the wrongful death of their children. Ordinarily, children may sue for the wrongful death of their parents; parents then may sue for the wrongful death of their children.

Wrongful death statutes differ from state to state. However, the common factor in each statute is remuneration for the heirs. Originally, wrongful death statutes were created to provide financial aid or support to the widows and those orphaned by the wrongful death of a loved one.

In addition, it does not matter whether the defendant is acquitted or vindicated of the circumstances that brought about the wrongful death of your loved one. Tort claims for wrongful death is apart from the criminal acts that may have caused it. Hence, even if the defendant is acquitted of the criminal liability, he may still be liable for damages under the wrongful death claims.

About Author

For more information about wrongful death claims, visit our Los Angeles Expert Attorneys website at http://expertlosangelesattorney.com/WrongfulDeathClaim.html

Awards for Wrongful Death

In wrongful death cases, what is being dealt with is the lost of a loved one through sudden and unnecessary means. Negligence is the foremost factor in wrongful death cases.

Wrongful death can be the result of any negligent circumstances arising from incidents like motor vehicle accidents, slip and fall accidents, construction accidents and even professional negligence like medical malpractice and nursing home abuse.

If you have a loved one who died a wrongful death, you can pursue wrongful death claims or file a lawsuit to bring justice for your deceased loved one and receive damages.

In order to sue for wrongful death claims, you must first prove that the acts or omissions of the defendant were the proximate cause of your loved ones death. If your loved one died while in the performance of his job, you may even claim against the employer for wrongful death claims.

The law governing the nature and amount of damages to be awarded in wrongful death cases is different for each state. However, all states award compensatory and punitive damages.

In compensatory damages, you may be awarded with medical and funeral expenses. These are augmented by the payments for support or loss of inheritance and even for pain and suffering, emotional grief or loss of services and companionship.

Computation for damages is mostly calculated on the amount of salary multiplied by the number of years the decedent could have lived. However, one cannot always calculate damage based on potential earnings because not everybody is employed. In these cases, courts have set minimum dollar amounts to give value to different kinds of services like home and childcare.

Punitive damages may also be awarded if the defendant’s actions are so reckless or heinous. This is awarded to punish the defendant for the serious wrong committed. It also acts as a deterrent for people to be more careful. Amount to be awarded as punitive damages rest in the sound discretion of the jury.

About Author

Our Los Angeles Lawyers are experts in handling wrongful death claims, please visit http://www.mesrianilaw.com/Wrongful-Death-Claim.html .