Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Monday, September 12, 2016

Identity theft what can be done to prevent it

The Associated Press just reported on November 28th 2007 the results of a survey done by the Federal Trade Commission, the results the FTC came up with stated that the occurrence of ID theft was down 16 percent, from an anticipated 9.9 million victims to 8.3 for people over the age of 18, of course a few consumer advocacy groups disputed their findings stating that it was difficult to get a precise handle on the number of victims due to a number of factors one of them is that people don't often know what exactly is in their credit report.


one of the reasons given for the FTC survey understating the actual numbers, was that the conclusion is not statistically significant since it was a phone survey where a small sample was used, another reason was that a separate survey was done by the Gartner Group using the same research firm McLean VA. based Synovate. The difference was in the fact that Gartner's survey used a web based data collection method that does not account for non web users so it's results should be statistically be lower.


The Gartner survey showed that the number of victims of Identity Theft actually rose from 10 million to 15 million people in 2006.


Furthermore the people most likely to be contacted first, Banks, and Mortgage companies are not required to report these losses nor are they likely to call attention to their own fraud problems, and most victims won't bother contacting the Government because they won't get the victims money back or correct credit problems.


The bottom line is that Identity Fraud cost consumers at least 1.2 Billion dollars directly, and businesses 55.7 Billion in annual losses, the cost to businesses gets past on to consumers in the form of higher rates and fees. The end result is the same, ID theft costs you regardless if you are an Identity Theft Victim, or a person borrowing money.


Thursday, June 30, 2016

A guide to alcohol and drugs influence at workplace

In recent years, there are increasing numbers of people who turn up work under the influence of alcohol and drugs. According to a survey conducted by the Health and Safety Executive in 1994, 90% of personnel directors from top UK organisations stated that alcohol consumption was a problem for their organisation. 18% of large company directors reported illegal drug use by their employees in 2004, a survey through the Chartered Institute of Personnel Development and the Reward Group 2004.


The impact of an employee under the influence of alcohol or drugs in the work place could be:


? Poor discipline and violent behaviour


? Safety endangered for everyone at the workplace


? Effect on employee relations and team morale


? Poor performance and loss of efficiency


? Lateness and absenteeism


? Unpleasant effects on company image and customer relations.


Under the Health and Safety at Work etc Act 1974, it’s the responsibilty of company directors to take into account, as far as is reasonably practicable, the health, safety and welfare of its employees. A director could be prosecuted if he deliberately allowed an employee under the influence of drugs and/or excessive alcohol to continue working whilst placing the employee or others at risk. Likewise, employees are also responsible to take sensible care of themselves and others who could be affected by what they perform. Eg: If you’re working in a transport industry, The Transport and Works Act 1992 makes it a criminal offence for certain employees to be unfit through drink and/or drugs while working on railways, buses, tramways and other guided transport systems. The operators of the transport system would also be guilty of an offence unless they had shown all due diligence in trying to prevent such an offence being committed.


How to Deal with the Situation?


First of all, an employer should investigate whether the incident happen was a one-off, occurs on a regular basis or he/she has underlying medical conditions (eg: depression, stress). Research has shown that many employees tend to use drugs/alcohol to cope with their work-related stress.


If your employee has such medical conditions, provide a doctor consultation and confidential support through her/his problem. This could help stop the behavior.


Before a fair dismissal takes place, the employer is expected to observe the whole situation, and offer support. Care needs to be taken before taking disciplinary action.


Without any proof or reasonable grounds, employers cannot simply report an employee for a suspected criminal offence. Such action could result in an employee claiming constructive or unfair dismissal.


To prevent such situation happen, directors can introduce a policy of random drug and alcohol testing and conduct pre-employment testing for illegal drugs and alcohol misuse.


To verify whether you have the adequate alcohol and drug policy, seek advice from a specialist employment lawyer. Visit Find A Solicitor to get the nearest experienced employment specialist solicitor.


If you would like additional information or help, you may want to contact the organizations below:


Advisory Conciliation and Arbitration Service (ACAS)


Brandon House,


180 Borough High Street


London SE1 1LW


Helpline: 08457 47 47 47


ACAS can provide advice to employers and employees on the employment and industrial relations implications of policies on alcohol at work.


Alcohol Concerns


First Floor


8 Shelton Street


London WC2H 9JR


Tel: 020 7395 4000


Alcohol Concern can put you in touch with local alcohol advisory services, in particular those that are members of the Federation of Workplace Alcohol Advisory Services (FEDWAAS).


Tuesday, May 31, 2016

Women and divorce

By Janine A. Barbera Esq. of Law Offices of Barbera & McElhone P. C. - Miller Place, NY


It has been said that Divorce is worse than Death. Death of a spouse is a painful wound that begins to heal after the funeral. A Divorce however, will take months or years to reach closure. Eventually these wounds will heal as well but the mourning period of the death of a marriage can linger on for many years thereafter.


Why is divorce different for women? Whether it was she or her spouse that initiated it, guilt will be a womanÂ’s initial emotion. Our traditional role as keeper of the household will force her to question everything she did or didnÂ’t do in the marriage and tend to blame herself for the failure of the relationship. The next emotion she will face is anger. Women tend to get angry only after they have finished feeling guilty. A womanÂ’s anger must be used constructively therefore; a counselor or trained psychologist is often the best person to consult with prior to or in conjunction with obtaining an attorney.


Continuing in their role as caregiver women will consider what is best for the children before she will think of what is best for her. In seeking out the best interests of her children, women think as mothers first and women second. Therefore it is imperative that women seeking divorce hire an advocate who understands her duel needs and looks out for all of her interests as woman and mother.


Divorce is a painful process but it must be remembered that it is also part of the game of life. All players have roles and perceptions are everything. A good attorney will be able to advise her client as to how the game is played and what she needs to do to insure a favorable outcome. A good attorney is an excellent negotiator and a strong advocate for her client. Good attorneys do not make their living litigating every case, but succeed instead by bringing cases to fair conclusions as expeditiously as possible.


In choosing an attorney a woman must feel completely comfortable with the attorney. She must have a sense of simpatico that cannot always be put in words and most importantly feel complete trust. The outcome of a divorce is usually a life-altering event. The agreement reached will rule for years and in the event there are children continue to bind the couple for many years thereafter. Interviewing potential attorneys is an important first step in the process. A good attorney will not shy away from tough questions nor will they guarantee success. As with all important decisions check the appropriate agencies such as the local Bar Association, and question the attorney about his or her accessibility. Finally make sure the attorney you are hiring is the attorney you will see in court. Many larger firms have associates who handle the case after the retainer is paid to the name partner. Ask to meet any attorney who may handle your case.


The Law Offices of Barbera & McElhone, P. C. handles Divorce and Family Law cases. Janine A. Barbera is an experience matrimonial attorney who will handle your case from the initial intake to its ultimate conclusion.


divorcelawli. com