Los Angeles Attorneys's Blog

How many older Americans keep silent over age biased and discrimination that they get from their superiors in workplaces? Apparently, there are many of them who just quietly shrouded and let the event pass despite the discriminatory treatment they got from their bosses.

Crazy isn’t it? Yes.

Hard as it may, there is considerable number of older Americans who has this experience of age discrimination in workplaces.

In a law Blog I came to read with the heading, “Labor Law Violation on Age Discrimination” ), it related that one of the unaccepted labor law violations is age discrimination. The blog describes what happened in the case of Brian Reid who sued Google, Inc. for age discrimination.

Further, the blog gives account of the constitutive laws that sanctioned age discrimination. Specifically, it made reference to the Federal Age Discrimination in Employment Act (ADEA), and the California Fair Employment and Housing Act (FEHA), which covered the proscription of discrimination of an employee based on age.

Still further, the blog laid the common type of age-related discrimination that may be alleged, which includes Discrimination by Disparate Treatment, Discrimination by Disparate Impact and Age-based Harassment.

As an Attorney advocating worker’s employment rights, I constantly encountered varied cases of discrimination. As I come across reading my index of cases (that I have handled in my whole practice), I found out that pretty much of it involved age discrimination cases.

For once, I was surprised and began to reflect that this issue is a pressing one that needs to be addressed. Otherwise, this event will keep on creeping into the realms of employment and would doom it with inequality.

As I browse the net, I come to read many cases of ageism. Most of the cases involved the sector of the older adults ages 40 up. As I read their story, I come to think how potential age discrimination was, to happen in workplaces.

In the State of California, where I have my law practice, any sort of discrimination, whether relating to race, color, ethnicity, religion, gender or age is not tolerated. California has sufficient laws that offer protection to employees against any form of discrimination in workplaces. In fact, California employment law has succinctly imposed to all employers the duty to prevent discrimination in workplaces.

In like manner, employees are protected from any form of retaliation in relation to their discrimination complaint.

As I view the situation, the law is more than sufficient to cover this aspect. It does not pose a problem. The same goes with the implementation of these laws by various labor and employment entities of the government.

The problem really, as I opine, has to do with human behavior including its vulnerability. This problem cannot be solved overnight; it needs more time to solve these concerns.

For now, what I can advise to all workers is that, they should not be afraid to wage complain against their bosses or any person for any employment violation committed against them. For those who are presently facing any of these predicaments, they should be proactive and vigilant in protecting their rights.

When things get worst you can contact an Employment Attorney in your area to help you with your employment predicaments.

Social Security overpayment usually occurs when the Social Security Administration sends a SSDI or SSI benefit check erroneously. The common errors usually occur due to changes of personal circumstances like marriage, change of disability stature, increase in income or return to work.

A law Blog entitled, “Handling Your Overpayment Claims Well ” clearly illustrate some important steps that one can undertake to correct their disability premium under Social Security.

The blog gives the following steps:

• To visit the nearest SSA branch office after you receive notification of claim overpayment by the SSA.
• To request for reconsideration when you dispute SSA’s finding.
• To ask for a waiver whenever you agree that you were overpaid.
• To appeal and request for hearing when the request for waiver of payment was denied.

The foregoing notes are relevant information that one must learn for their own benefit.

More about payment Arrangement

Whenever overpayment of claim exists, it is paramount that you must pay the money back. Similar situation goes if you have lost your appeal or have decided not to appeal.

In this respect, you can confer with the SSA to vouch your effort to repay the amount and ask them for permissible payment arrangement. Upon failure to manifest your desire to repay, the SSA may ipso facto take your whole Social Security disability check or 10% of your SSI check.

As an advice, you can ask the assistance of a Social Security Lawyer to help you with this concern.

As a final note, most people get their Social Security benefits without any problems. Not surprisingly, this is not exactly true for some of the claimants. The system is not perfect and the decisions made by the SSA are not always correct.

Recently, a growing number of trade secret lawsuits involving former employees have been reported. This brings to light the practice of some companies and business, which take vital trade information by tapping former employees of their competitors.

Typically, a violation of trade secret occurs whenever information that has potential or actual economic value to a company has been illegally obtained to challenge competitors in business.

Contrary to what many believed, trade secrets are not merely confined to confidential, technical, or sophisticated data and information but also to customer lists, customer contracts and marketing strategies.

Who can be sued for the violations?

Two categories of persons may be considered as “the usual suspects” for trade secret violations.

1. Employees who either negligently or intentionally violate employment agreements or allow a trade secret to become known by a person who is not otherwise allowed access to the trade secret.

2. Persons who uses the trade secret information to manufacture a product that competes with the original owner of the trade secret

Without them knowing, companies who elicit competitors’ trade secrets from new employees coming from their competitors, or allow their new employees to use trade secrets of their former employers, are actually violating trade secret laws. (for example, in the case of Surgidev Corp. v. Eye Technology, Inc. (648 F. Supp. 661)

Similarly, if an employee uses trade secrets he has learned from his former employers without their knowledge, he can be held equally liable for trade secret law violations.

When this happens, the owner of the trade secret may be entitled to an immediate injunction and to damages compensating it for the loss, plus punitive damages and attorneys’ fees.

How does one protect himself from trade secret theft and unlawful use of company information?

One way of preventing this is to tell potential and current employees clearly that your company will not allow employees to use confidential information acquired from their former employers.

In order to do this, an employer must draft two vital documents defining its rules on the use of information, trade secret policies and other governing rules. These documents must form part of an employment agreement that new workers must sign prior to being hired and employed.

In this respect, the non-disclosure and non-compete agreements are two of the common methods used by businesses to prevent trade secret violations.

A law blog with the heading, “The Price for Violation of Trade Secrets ”, have elaborated key points relating to trade secrets (including the violation thereof) as well as its implication in business. In particular, the blog relates that the key to a successful business or company lies in the formula, processes or designs that the company preserves.

In addition, the blog describe trade secrets having the following features:

1) it describes trade secrets as governed by state laws

2) it differs from other forms of intellectual creations like patent and copyrights

3) non-disclosure statement and non-compete clause can be an instrument for its preservation and protection

4) having no expiration dates

5) it is considered as intellectual creation

6) in cases of unwanted disclosure, a claim for compensation can be had against the perpetrators

On my part, I was obliged to provide an in depth exposition on the price for violation of trade secrets, not merely its concept.

Like any other cases of law violation, there are constitutive legal consequences involved for violating trade secrets. Aside from contractual breach in cases of wanton disclosures of protected secrets as contained in the non-disclosure agreements and non-compete clauses, violators can suffer several possible sanctions.

An injunction against the use of the information can be had against the perpetrator. In addition, it may also involved payment of a reasonable compensation in favor of the trade secret owner. In some instances, when the information is already out or disclosed somewhere, the court hearing the case can order the violator to pay a licensing fee to the owner of the protected information.

In the most offensive situations, a court can order the violators to pay exemplary damages.

These were just bits of the legal implication and consequences involved in violating trade secrets. In order to have more detailed account of the spectrum of trade secrets, an adeptly knowledgeable attorney shall be consulted.