The March Toward a Bullying Cause of Action Continues

Since almost the beginning of this blog I have been commenting on the possibility of a bullying cause of action being adopted in the U.S.  Over the last few years it has been easier to follow the progress courtesy of David Yamada's excellent blog, Minding the Workplace. Professor Yamada is the author of the model Healthy Workplace Act, which has been the basis for most of the legislative actions that have been offered. As of this writing, none have yet to pass both houses of a legislature, but the progress continues.

Yet another first occurred this weekend, Temple law school conference examines bullying across the lifespan. According to David, this was the

first American conference devoted to examining the legal implications of bullying behaviors across the lifespan.

Two other law professors, Kerri Stone, Florida International University School of Law and Susan Harthill, Florida Coastal School of Law, joined him on a panel. The conference drew 140 participants.

All steps along what I am beginning to believe is the inevitable likelihood that some state will adopt a version of the Healthy Workplace Law, sooner rather than later.

10 Ways To Protect Yourself From Online Identity Theft

Identity theft is becoming a huge problem as more people are making the Internet a bigger part of their lives. People who are new to the online medium often fall prey to phishing or other Internet identity theft schemes. In many cases the phishing party uses your credit card to order goods for themselves; they will apply for credit cards, set up bank accounts, and take advantage of your good credit rating. Correcting these issues involves a lot of time and energy. Tip#1 Use a disposable email account. Keep your business or personal email account just for business or personal communication. If you are going to make purchases online, join newsgroups, or subscribe to mailing lists and ezines use a disposable email account such as hotmail or gmail. Tip#2 Disguise your online identity. If your real name in Joe Bloggs try to avoid using email accounts with name like jbloggs at example.com when dealing with people you don’t know and trust. If you were born in 1970 don’t choose jbloggs1970 at example.com as your email account. Tip#3 Use different level passwords. Use one password for your personal information; use another for your business accounts and a third for your disposable email accounts or mailing lists you sign up for. Tip#4 Use strong passwords. Don’t use your birthdates, year you were married, or your children’s birthdates. The best passwords are mnemonic phrases like my father ate three apples for breakfast. Take the first letter of each word and convert the number into numbers and you end up with ìmfa3a4bî. Tip#5 You should change your passwords every 6 to 12 months. If you suspect your passwords have been compromised change them asap. Tip#6 Use only one credit card for all of your online purchases. If any of your other credit cards have online transactions you know they are fraudulent. If you see offline purchases for your online credit card you also know they are fraudulent. Tip#7 Use credit cards. While many debit cards now offer online purchase protection it’s easier to dispute fraudulent charges than to recover debit card funds that have already been spent. Tip#8 Make sure online transactions are secure. If this is your first purchase from the company make sure the issuing company is someone you have heard of. Tip#9 Check privacy policy. When you make your first transaction make sure you check the privacy policy, look for logos from consumer groups like Trust-E and the BBB. Click the logos to make sure they are authentic. Tip#10 Never open or fill out email requests to update your account or credit card settings via email. These are phishing scams people use to try and secure your personal information. Many are growing increasingly sophisticated and go to great lengths to look exactly like the companies website using their exact logo. by M&T Management

An Insight in to the Bankruptcy and Its Remedy

In the recent years the world economy has witnessed a serious downturn. This downturn led to millions of job loss and a significant number of firms to crash down. The production was declining, the wage rates were falling, employment opportunities were overturned and the only thing that was rising was the economic distortion. That recession period brought several firms, industries and individuals to declare them Bankrupt. Now let us understand the meaning, causes and preventive measures concerned with Bankruptcy. Bankruptcy refers to the situation when an individual or a firm declares his inability to pay off its debts. In the present financial world almost all of us have been involved in the stock market. There have been several places where we have put our money or from where we might have borrowed money. Bankruptcy takes away the sleep not only of the lender but also of the borrower. The lender fears of the money loss and the borrower fears of the loss of property. The concept of Bankruptcy originated in England during he reign ok king Henry VIII when he permitted the landlords to take control over the debtors possessions in lieu of their debt amount. So Bankruptcy arises when some one files a petition of declaring his inability to repay his debts. There may be several causes responsible for the Bankruptcy. Serious medical condition is considered as one of the major cause for the bankruptcy. The health problems have a drastic effect over the income effect. The job loss may further graven the situation resulting in to the forceful declaration of Bankruptcy. The spendthrift nature of an individual can be another cause of Bankruptcy. The mismanagement of funds or the amateur investment can also perceive the arousal of Bankruptcy. In United States there Bankruptcy is dealt under three major Bankruptcy chapters. For the individual Bankruptcy there is article 7 and 13 and for the corporate houses bankruptcy is evaluated according to article 11. Chapter 7 governs the liquidation Bankruptcy. Under it the debtor is allowed to payoff his debts by mortgaging his property. Chapter 11 is for the private individuals and corporations. According to Chapter 13 one repays his debts under the legal supervision. For the bankruptcy issues relating to the municipalities and other such bodies there is legal code framed under chapter 9. Now the question arises how to refrain from Bankruptcy. First thing you need to manage and repair your credits. You must regularly monitor your credit report. Make some part of the payment to the creditors that you can afford to pay. Timely payments to your creditors can be a lot more beneficial in your troubled hours. Contact some Bankruptcy lawyer who will guide you in the right direction. For more information regarding the Bankruptcy issues and legal constraints related to it you can contact Bankruptcy attorneys in Fort Worth TX form where you can get a genuine and professional advice regarding the Bankruptcy issues. by William Decruz

Bad Day for Whistleblowers in Texas

One of the most important things about whistleblowing or retaliation claims are that they are almost always created by statutes, so the statutory language is critical.  Today the Texas Supreme Court made just that point, in ruling that unlike other states, the whistleblower statute in Texas does not cover reports to individuals who are only responsible for compliance within an agency.

Justice Willett writing for the Court put it concisely: "Other states’ whistleblower laws accommodate internal reports to supervisors; Texas law does not."

Noting that Texas whistleblower has an "undeniable focus on law enforcement" only a report to someone who has

the power to (1) regulate under or enforce the laws purportedly violated, or (2) investigate or prosecute suspected criminal wrongdoing

is sufficient. The University of Texas Southwestern Medical Center at Dallas v. Gentilello, (TX 2.22.13).

If a whistleblower has a good faith belief that the person he or she is reporting the wrongdoing to, that is sufficient, but citing three of its former decisions, the Court makes it clear that there is an objective component to the good faith test. It is not what a potential whistleblower believes, no matter how sincerely, but what "a reasonably prudent employee in similar circumstances" would have thought.

Here the result is to find a lack of jurisdiction for a complaint made by a medical school faculty member that trauma residents were treating and operating on patients without an attending physician supervising.  The problem was that he only complained to another faculty member whose responsibility was not for "law enforcement but law compliance." A person insufficient to meet the strict statutory definition of an "appropriate law enforcement authority."

The Court goes on to knock down some creative arguments to get around its precedent, but finds that neither a standard "no retaliation" policy or the ability to mete out internal discipline is sufficient to create the needed status of "appropriate law enforcement authority."

In a second case, Texas A&M University - Kingsville v. Moreno, (TX 2.22.13)  the Court dismissed a suit by an assistant vice president and comptroller based on her complaint (and subsequent termination because of it) to the University President that her boss had allowed his daughter to receive in-state tuition in violation of law.

Quoting its Gentilello opinion:

The Act, by its text and structure, restricts “law enforcement authority” to its commonly understood meaning. That is, it protects employees who report to authorities that actually promulgate regulations or enforce the laws, or to authorities that pursue criminal violations. The specific powers listed in section 554.002(b) are outward-looking. They do not encompass internal supervisors charged with in-house compliance and who must refer suspected illegality to external entities.

The President's authority to compel compliance with state law on tuition waivers, was not the same as enforcing the law in the sense required by the statute.

Before officials at various government agencies (private sector employers are not covered by the general Texas whistleblower statute) rejoice too much, the logical outcome of today's decisions is to force potential whistleblowers to take the agency's dirty laundry outside the organization, rarely an option that agencies would prefer. But it may be the modern way, Dodd-Frank has been accused of having a similar impact.

Our old friend, the rule of unintended consequences, is never far away in employment law matters.

A Genius Is Someone Who Thinks Like Me - An Approach to Litigation

I was pleased to see this dialogue between Darryl R. Marsch, the General Counsel of Krispy Kreme, and the Daily Reporter in today's Corporate Counsel:

DR: Your background is in litigation. What is your overall philosophy on litigation?

DM: Prepare to try cases. You will get the best outcomes if you are prepared to litigate, appeal, and appeal again. That best outcome might be a settlement, but a settlement driven by the will to litigate is going to be a smart, well-informed settlement. ...

That's advice I learned in my early days as a lawyer, but also advice that is easy to overlook in a world where so few cases end any other way than settlement.

Precisely How To File For A Bankruptcy Proceeding With La Bankruptcy Legal Professionals

Bankruptcy can be a terrible situation certainly where an individual or even an enterprise finds itself when it’s struggling to pay off the invoices the idea owes for the creditors. It is a legitimate expression or even a reputation enforced by the courtroom when begun with a person. Bankruptcy may be validated through someone or perhaps an organization under your own accord or perhaps the credit card companies could requirement for a verified express of bankruptcy. There are particular laws and regulations with regard to bankruptcy which help folks or perhaps organisation to have a new beginning. It gives your consumer an opportunity to pay back their particular credit card debt. Yet away from course you will need to complete certain conditions in order to be stated since belly up. A lot of people as if your relatives offer you some suggestions however, you should evaluate the one which you believe is appropriate. Even so, when some one suggests a person good bankruptcy attorneys in la you then must never think twice to engage one as soon as possible. Before you file with regard to bankruptcy first and foremost you must use the attorney. Los Angeles bankruptcy attorney can study your financial plans and can offer you information on how to handle it. You can find diverse bankruptcy laws and regulations determined by different conditions and various forms of bankruptcy. it's advisable to hire attorneys instead of no lawyers for organizing your bankruptcy report simply because lawyers are well experienced inside laws with a strong hold on the pub relationship although low lawyers don’t have got anybody supervising their work. A skilled bankruptcy attorney can file your own circumstance without any difficulty or even legitimate issues. Thus it’s safer to use a great attorney. Nearly all bankruptcy attorneys in la charge only minimal fees for their consultation services. A number of legal professionals or businesses fee costs if the circumstance is paid out. Thus, check with the firms before you start regarding their appointment expenses. The attorney anyone employ treatments meetings using your creditors and next files petitions issue will be important. If you're situated in California then it's preferable to use california bankruptcy lawyer attorneys. You can hire for your goal just about any well known agency which assists to throughout bankruptcy cases. The law agency supplies fast alternatives for bankruptcy situations. It offers a superior entire support up until the quality with the situation. They are available any time with set solutions to your own problems. A person or perhaps an enterprise files regarding bankruptcy only if their situation is extremely dreadful, so it's extremely important that they pick a agency who can make their own problem while small as you can. Whether it be the Los Angeles bankruptcy lawyers they all offer quality program for the customers. The buyer will be smarter regarding all the fees and documentation. There won't be any tormenting income associates or even virtually any application charge, undetectable fee, special price and many others that may be sustained for you with out your current observe. It is all totally done properly till you with your current agreement and signatures. Thus, it’s genuinely very crucial for you to select a organization that bring your problems as their own that provides fiascos no cost knowledge. Take you choice nowadays! Visit http://www.aminilawpractice.com/ for more information about california bankruptcy, california bankruptcy lawyer, Los Angeles bankruptcy lawyer, bankruptcy lawyer in la. by Riyazz Ali

Nearly 100% of All Internet Marketers Fail - Will You? - Money Making Ideas

Lots of new companies experienced a huge succes on the Internet a few years ago, and everybody was excited about the "big dot com boom". But unfortunately, many of them went broke in the following "big dot com crash". So maybe you are feeling fearful about this whole Internet business? I'll tell you how you can lose out in a big way. And how you can avoid this happening. But first, a little story to show you how important this lesson actually is. And let's see if you can find the secret ingredients to success contained in here: One and a half years ago, I was becoming very tired due to having too much work. Not only that, but I'd lost several court cases (because of a lousy lawyer) and ended up owing a large amount of money. So, even though my work paid off very handsomely each month, in many cases the debts outweighed this income many times over; and I could see fees being added to my debts every single day. So I decided to give up some of my work on a domain that paid very well, but also took me about 5-10 hours of work every week. I knew from experience that this domain would pay around $1,000 per month from ads around Christmas time, and a little less for the remainder of the year, so I put it up for sale for no less than $12,000. I wrote to several people whom I considered to be wholehearted business men. I also wrote to my own lists and offered them this domain. I told them that it would probably continue to bring in this income for a few more years (maybe even longer) and that it wouldn't demand any work from them. Nobody even made me an offer! So I kept the domain, but stopped working on it. Today, it no longer gives me $1,000 per month just prior to Christmas. It now gives me $1,500 per month. And, before Easter, it ran totally amok and poured out more than $2,200 for a single month. With absolutely no work from me at all! In fact, I had just left the site as it was a year and a half ago. Is that crazy - or what? Can you see the unseen secret that makes the difference between failure and success? It's "taking action". You won't be guaranteed a 100% success rate, but there is only one way to find out. So take action now. Maybe you're mistaken, but so what? At least you tried. And if you're not mistaken? Well, you'll make money. What is really nice about making business online is that you don't need to make big investsments. It's perfectly possible to start out for free, if you find the right money making ideas. by Britt Malka

Vending Machine Biz Ops

Since vending is an easy business to start, it is said to be a low barrier to entry opportunity. Unfortunately this means that the market is crowded. If you have a hundred dollars, you can start a vending business. A low barrier almost certainly means that there is tougher competiton to succeed and less profits to be made. Since vending is a crowded field, you need to stand out. This means long hours and better decision making to compete. Make sure to avoid the vending machine biz op. scams that are very popular. A big biz op scam [http://thevendingmachinebusiness.com/vending-scams/more-on-biz-ops-and-other-scams/] these days seems to be energy pills or gel. Biz ops all have a similar feel. For a big hunk of cash (think 10-20 thousand) they'll claim to give you everything you need to be succeful. These business opportunties sellers will tell you that you will make tons of money. Vending is numbers game. With bulk machines, you need many heads in many locations all working at the small gain to make any money. Many people who get involved with biz ops get beaten down by it and leave vending entirely. They sell their vending machines online everyday. If you have been conned into one of these plans, your choices are limited, you can complain to the Better Business Bureau, file a complaint with the Justice Department, or get a lawyer. That money will more than likely never be seen again. The most important part of any start up is the research phase. If you're being told about business profits that seem too high or unbelievable then trust your instincts, they are most likely false. Set attainable practical goals before you decide to leave your work to get into the vending biz full time. I'm not trying to talk you out of vending; I'm just making sure you have all the knowledge needed to be successful. Vending machines make an average of seven dollars. This may be the average, but not everyone makes it. Although $7 is the average, not everyone makes it. For myself, my current head average is $5. With these kind of numbers, it obviously takes quite a few machines to earn a decent living. Another thing to avoid is problems with locators. Locators help you by making lots of phone calls to zip codes you provide to help you get your machines placed faster. Sometimes you can hire a person to drive around and place machines. Most locators charge about the same, which is $40 to $50 per machine. To expand your business more efficiently, a locator can be a real asset. Not all locators give you a guarantee. Despite what you may hear, excellent locators can be found, the problem is finding one. It's best to use a locator that has a known reputation and not just anyone off of Craig's List. Joining a vending chat group is a good way to find a trust worthy locator. Vending isn't a get rich quick plan. Vending requires a lot of time and committment to be successful just like every other business. Most people that start out in vending will quit, this does not mean that it is not a viable business plan. Most people are simply not cut out for being entrepreneurial. Since I'm guessing you don't have unlimited funds, I say buy a couple cheap machines, get them working for you and see what happens. A vending business gives you the ability to proceed at your own pace while keeping your current employer to minimize your risk. If you go into vending with a business plan, invest your time and money wisely, you will be able to determine for yourself what are realistic goals. by Vince Conner