Los Angeles Attorneys's Blog

It must be understood that truck drivers should not only be careful in driving these large vehicles but also they should understand that they have to exercise a higher duty of care to avoid causing harm on other people.

Compared to other types of motor vehicles, a truck has its enormous capacity to inflict injuries and other damages to whatsoever or whosoever engage in a vehicular catastrophe with it. Due to its massive size and weight, there is an extreme chance that the victims will die or if lucky enough, sustain serious injuries.

Thus, I do suggest that you closely look on some characteristics of a truck and its weak points in order to lessen the risks of being a poor victim of accident.

• It takes longer time to put a moving truck on hold

Approximately large trucks need more distance to halt, almost double compared to a car that travels at a similar speed. Thus, it is important that you keep a considerable distance from a truck behind your vehicle. Never try to take a sudden decrease in speed or stop in front of them. Most likely, this will result to a terrible accident.

• Longer vehicles, such as trucks, need more space in making a turn

As you may already notice, long trailers have to swerve out to the left before turning right and vice versa. Therefore, you should not try to overtake a truck especially on road intersections. Always expect that a truck will make a turn so take it slow and pay attention to its signal lights.

• Trucks has its blind spots

The fallacy is; truck drivers have better view of the road and their surrounding vehicles due to their higher position. You should be aware that despite of its superior front visibility and larger side mirrors, several areas around a truck could be dangerous for other motorists.

A trucker might not have a clear view of another vehicle near them particularly on the rear end and side portions. To determine if the driver has a good view of your vehicle, look at the truck’s side mirror. Seeing the driver’s face will tell that you are in the proper and much safer position.

Employment discrimination can be of various forms. It can be on sex, age, race, color, nationality, religion, status, or sexual preference.

Interestingly, discrimination on account of sexual identity or orientation has become a boisterous plight. This is because of the various gays and lesbian organizations that battle discrimination in the workplace.

In a survey Employment discrimination on the basis of sexual orientation promoted by conservative Christian organizations, it revealed that gays and lesbians have higher incomes than heterosexuals, and thus have no need of civil rights protection in employment.

This is clearly a manifestation of discrimination. Frustratingly, it is made by an influential group in the society.

Of course, Christian organizations have moral obligation in the society. However, to say that homosexuals do not need protection because they earn more than heterosexuals is a partial and bias comment.

Everyone needs protection from oppression regardless of sexual preference. Respect should be given if not from their being homosexuals but at least from being productive members of the society and as human beings.

But even if the average homosexual earned more than the average heterosexual, there are still many gays and lesbians discriminated against in employment, and in need of legal protection.

It only proves that, regardless of earnings or position, employment discrimination does exist. This is one social practice  that has become rampant through out these years.

The rules on the use of fictitious names in business vary from state to state. In some states, a sole proprietor is sometimes allowed to use a business name rather than a personal name, which can either be one’s full name or part of one’s name – for practical purposes.

However in businesses where more than one person is involved or if only the first name is used, the filing of an assumed name makes more sense.

Why would you want to file an assumed name?

For sole proprietors, this is the least expensive way to legally do business under a business name. It has two advantages:

• It allows a person to use a typical business name without creating a formal legal entity (corporation, partnership, LLC, etc.). Using an assumed name, one can open a business checking account and get a business phone listing for the name.

• It allows a single legal entity (corporation, LLC, etc.) to operate multiple businesses without creating a new legal entity for each business. Since there is significant expense in filing and maintaining a corporation, using an assumed business name helps control costs while still allowing a person to expand his business.

How does one get an assumed name?

An assumed business name must be registered with the Secretary of State or other state agency. However in most states, registration is handled at the county level, and each county may have different forms and fees for registering a name.

To make sure that the chosen assumed name has not been used, you can perform a search through the government database, and then submit a simple form, along with the correct filing fee (anywhere from $10 to $50). In some states, they would often require that proprietors to publish a notice in the local newspaper and submit an affidavit to show that you have fulfilled the publication requirement. A proprietor can find out the local fees and procedures in the area where he intends to operate his business by calling the local county clerk.

However for anyone interested in filing an assumed business name, you must remember that your real name may still appear in the records as actual business owners. This is done to ensure consumer protection.

If utilized properly, a proprietor may use a fictitious business name as a powerful branding tool at minimal cost.

Disparate treatment is often an issue in most employment discrimination lawsuits, which is regarded as the act of straightforward discrimination.

Employment discrimination cases may either be classified as a disparate treatment case or a disparate impact cases.

So what’s the difference?

In a disparate treatment case, the employee claims that his employer treated her differently than other employees who were in a similar situation. For example, if a male and a female employee both skipped work one day and the employer fires the female employee but not the male employee. Then that is disparate treatment because of sex which would violate Title VII of the federal anti-discrimination statute.

On the other hand, when the acts committed by an employer results in a much bigger impact on one group than on another, the issue may lead to a disparate impact case. For instance, the employer who does not hire high-school graduates might have a much bigger impact on blacks than on whites.

In the typical disparate treatment case, the central issue will be whether the female employee was treated differently because of her gender or because of her attendance record. In this case, the answers to “because” or “why” will be crucial in the case.

In mentioning this situation, I am reminded of the long-standing issue regarding wages between male and female employees. Although several bills have already been introduced and passed by lawmakers on the issue of equal pay, the gap still remains wide.

At present, women workers and employees still continue to press for equal pay.

Here are a few hints on how claims are commonly proved and disproved in a disparate treatment case.

• Employee’s prima facie case – Sometimes employers try to hide the reason behind an employee’s termination. Therefore, courts have created methods for employees to use “circumstantial evidence” to help prove their case.

• Employer’s non-discriminatory reason - Once the employee presents the circumstantial evidence, the employer will usually reply by saying that she was fired for a “legitimate and non-discriminatory reason.”

• Pretext - Then the employee can respond to that by proving that the reason offered by the employer was just a “pretext” or cover-up for an improper or real reason.