Legal Consumer Guide Blog

Asbestos Removal Workers in Rockville, MD Go On Strike

noreply@blogger.com (LegalConsumerGuide) — Mon, 21 May 2012 16:08:00 +0000

A handful of asbestos removal workers in Rockville, Maryland, working for the company ACECO, LLC, walked off the job on Thursday morning.

Their complaint is that they have been tasked with removing asbestos from a building without the proper ventilation and safety equipment. Asbestos is known to cause mesothelioma. The building, ironically enough is the Parklawn Building, the home of the U.S. Department of Health and Human Services.

It's good to see workers holding employers accountable when the employers themselves aren't up to the task.

One striker commented, “We are tired of the discrimination,” Bolanos said. “We are tired of the abuse.”

Read a full report on the incident at the link below:

http://www.gazette.net/article/20120517/NEWS/705239996/1094/five-workers-removing-asbestos-in-rockville-go-on-strike&template=gazette

Overtime Lawsuit against Bridgenex LLC in California

noreply@blogger.com (LegalConsumerGuide) — Wed, 09 May 2012 21:59:00 +0000

San Francisco, California (PRWEB) May 08, 2012

On April 19, 2012 the employment attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against Bridgenex LLC for alleged wage and hour violations. Dozier vs. Bridgenex LLC, Case No. 112CV222765 is currently pending in Santa Clara Superior Court.

According to the class action complaint filed against Bridgenex LLC, the technical staffing company, "failed and continues to fail to pay any overtime wages for work days in excess of eight (8) hours to Plaintiff and other California Class Members." The complaint also alleges that Bridgenex, "intentionally, knowingly and systematically failed to compensate the Plaintiff and the other members of the California Class at the appropriate rate for all overtime hours worked," in order to illegally profit and gain an unfair advantage over competitors who complied with the law.
Moreover, the class action complaint filed against Bridgenex LLC alleges that as a result of Bridgenex's failure to pay Plaintiff and California Class Members the correct amount of overtime compensation, Bridgenex provided these employees with inaccurate wage statements in violation of California Labor Code Section 226.
For more information about the class action lawsuit against Bridgenex call (866) 771-7099.
Blumenthal, Nordrehaug & Bhowmik is a California employment law firm that dedicates its practice to helping employees, investors and consumers fight back against unfair business practices, including violations of California labor laws.
For the original version on PRWeb visit: www.prweb.com/releases/prwebBridgenexwagehour/classactionlawsuit/prweb9488116.htm

Soldier's Story of Exposure to Asbestos

noreply@blogger.com (LegalConsumerGuide) — Thu, 02 Feb 2012 23:47:00 +0000

Moving article about a soldier exposed to Asbestos:

From the Asbestos Lawyers @ KazanLaw Blog:

"Bud Stillman, 82, spent 20 years as a decorated soldier. During his first tour of duty in the U.S. Army, he served in Japan where he met his future wife, Kay. In order to return to Japan to find her, he re-enlisted to serve in Korea during the Korean War. He went on to marry Kay and continue his service to our country. He later served in the Vietnam War and was awarded the Bronze Star."

Read the full article:

A Soldier’s Story of the Hazards of Asbestos-Containing Brakes and Clutches

Violent Sex Crimes Blamed on PTSD for soldiers.

noreply@blogger.com (LegalConsumerGuide) — Thu, 02 Feb 2012 23:42:00 +0000

A new report from the U.S. Army reveals that violent sex crimes by army personnel have nearly doubled since 2006, with most of the assaults occurring inside the United States. According to the report, a U.S. soldier committed a violent sex crime every 6 hours and 40 minutes in 2011.This is far in excess of the sexual assault rate in the general population.

Read the full article: Post-Traumatic Stress Disorder Blamed for Soldier Sex Crimes

Mediation Offers an Alternative to Suing

noreply@blogger.com (LegalConsumerGuide) — Wed, 01 Feb 2012 21:25:00 +0000

For small business owners, if legal hassles arise, the result can be devastating. It's common knowledge that legal costs (whether you are suing or defending against a lawsuit) can spiral out of control in a short time.
But suppose your established business runs into problems with a nearby business such as noise or litter or smells? For example, you own a sandwich shop that has as its main attraction outdoor tables. Then a tattoo parlor moves in next door and keeps its doors open and plays loud obnoxious music all day long. The owner feels that the music is needed to draw in young people. But you've noticed a sharp drop in your lunch clientele and your profits are disappearing. Being a reasonable person, you've tried talking to the parlor owner, but it always ends in a shouting match. You've also consulted the police, but found that, however annoying his business is, the tattoo parlor owner isn't breaking any laws. Now what?

In a large corporation, there would be a legal department to handle a situation like that. But what is the small business owner supposed to do? Going to court is costly and time consuming and, even if you win, residual hard feelings from the loser can make your work life miserable.

If the problem is something you can't live with and don't wish to sue over, a good alternative might be mediation. Mediation brings in a neutral third party who takes you both through peaceful discussions. Together you work out a compromise that, though perhaps not perfect for either of you, makes the situation one that you can deal with. And because the solution was one you agreed on, you're both more likely to stick to it, and less likely to harbor hard feelings.

How Do You Find a Mediator?

The answer is, the same way you find any other business. Look in the yellow pages under "mediator" or "conflict resolution." You may choose to hire a private mediator, also listed in the yellow pages or an attorney who lists mediation as a service. Your community center might have a low-cost civic mediation center. If you belong to the Better Business Bureau or your local chamber of commerce or some other small business association, ask them if they have or can recommend a mediator.

How Much Does Mediation Cost?

Obviously that depends on which of the above paths you choose. An attorney-mediator will cost a lot more than a community center mediator. Regardless, the total cost will be nowhere near what you'll pay to take your case to court. And chances are, it will all be over in a matter of hours, as opposed to weeks or months or longer for a lawsuit.

What is the End Result of Mediation?

If the mediation is successful, it will result in a signed agreement or at least a signed memo detailing what you and the other party have agreed to. If you do reach an agreement, you may then choose to ask a judge to make the agreement enforceable by law, just in case one party or the other decides to violate the terms.

What if You Don't Reach an Agreement?

Even if no agreement is possible, you and the other party have probably learned a lot about each other's positions. Your investment in fees and in time is much smaller than it would've been had you gone to court. But, if taking legal action seems necessary at this point, that option is still available.

Legal Health Checkup

noreply@blogger.com (LegalConsumerGuide) — Wed, 01 Feb 2012 21:21:00 +0000

How's Your Legal Health? None of us is guaranteed tomorrow. Of course it's most important for senior citizens to have their affairs in order. But an unfortunate fact of life is that, young or old, people die every day, or get flooded out of their homes, or suffer an injury that leaves them in a vegatative state, unable to make their wishes known.

Before the unexpected happens, take this legal health checkup to ensure your legal ducks are in a row.

Important Documents

Are your important documents together in a secure location like a file cabinet or safe deposit box? This should include birth certificates, your marriage license, adoption records, decree of divorce, military discharge papers, immigration and naturalization papers, insurance policies, real estate deeds.

Will or Trust

Have you created a legal document determining what happens toyour assets if you should die? To ensure that your assets pass to your intended heirs, and prevent a mountain of legal red tape for your family, talk to your attorney about a will or trust.

Investments

Is your money invested wisely to ensure your future? You should be comfortable with the level of risk involved for your station in life.

Agent

Who will make decisions for you if you cannot? You should select a family member, loyal friend, or trusted attorney or other professional advisor to whom you can assign a power of attorney to make your financial and/or health decisions. You can divide the powers, for example, giving your adult daughter your health power of attorney, and your long-time legal adviser your financial power of attorney.

Title to your assets

How are your assets owned? For example, if you and another person live together (other than your spouse) and own the home as "joint tenants," if you should pass away, your ownership of the home will transfer to the other owner. That may be what you intend, but if it isn't, you should contact your attorney. He or she can explain the various forms of ownership so you can ensure the results you want, rather than leaving it to the law to determine.

Insurance

Do you have all the insurance you need? That is, do you have adequate life insurance to protect your family from an unwieldy debt burden if you should die? What about long-term care insurance for yourself and your spouse or for an elderly parent if one of you should need to enter a nursing home? An expense such as that could wipe out your savings. Just be careful when choosing this plan. Make certain you know what it provides. The right policy can yield tax-free benefits, and the premiums may be tax deductible. What about your homeowner policy? Recently the cost of home building has soared, which means that, if your home is destroyed, the replacement cost may far exceed the limits of your homeowner policy. Make sure yours is upgraded to an amount that will cover the expense if you must rebuild.

Benefits

Are you receiving the benefits you qualify for, such as Social Security, Medicare, pensions from your job or the military? Each year after age 25 you should receive a lifetime earnings statement from the Social Security Administration (SSA). Look it over and notify the SSA if anything is missing or incorrect.

Legal advisor

If you don't already have a professional advisor such as an attorney you need to select one so that someone is in your corner, equipped to advocate for you when you need it.

Five Legal Documents Everyone Should Have

noreply@blogger.com (LegalConsumerGuide) — Wed, 01 Feb 2012 21:13:00 +0000

If you are an organized sort - you know the kind - who has all of his, or her, t's crossed and i's dotted then this advice probably won't apply to you. But, for the rest of us, a vast majority, I imagine, this checklist of "Five Legal Documents Everyone Should Have" may be a good reminder.

Will -- If you own any property, have any money in the bank, any life insurance, IRA, 401(k) etc. It is probably a good idea to have a will. It doesn't need to be fancy or long and drawn out but it does need to cover the basics of who you are, what your wishes are and an affidavit from witnesses that you knew what you were doing in preparing the will. As long as you follow guidelines for your state you probably don't even need a lawyer. Estate Planning Basics and Who Needs a Will can offer guidance.

Advance directive -- An advance directive, also often referred to as a medical directive is a legal document that provides instructions on how you would like to be cared for medically should you be unable to express your wishes to the doctor. The American Academy of Family Physicians, as well as other groups provide information on what should be included in an advance directive.

Power of attorney -- A power of attorney gives legal authorization to another person to act on your behalf. This can be used when you are unavailable to make legal decisions for a wide variety of reasons. Power of attorney can be given for a single transaction or can be granted for a broader length of time. The New York State Attorney General's Office offers a question and answer fact sheet on how power of attorney is applied in that state. You should check the laws in your state before making final decisions.

Birth certificate -- A certified copy of the record of your birth is a vital document for many things including obtaining driver's licenses, Social Security cards and passports. If you do not have an original copy, with a seal from the issuing government agency certifying its authenticity, you should obtain a copy and then keep it in a safe place. If you wait until you actually need it you might find that your application (for a passport, driver's license or whatever) is delayed. You usually can track down vital records, including birth certificates, by contacting the appropriate agency in the state where the event occurred.

Passport -- Especially in a time of heightened security a passport proving your national affiliation can be critical to you ability to travel between countries. You may not need the U.S. passport to get into another county but you probably will need it to get back into the United States. Passports can be obtained from the U.S. Passport Agency. Applications and information on obtaining a passport are available from the U.S. State Department. Links also are provided to locations, often post offices, near your hometown where you can apply.

Warning Signs a Friend is Too Intoxicated to Drive

noreply@blogger.com (LegalConsumerGuide) — Tue, 31 Jan 2012 18:24:00 +0000

A common way to celebrate events or spend time with friends is to go out drinking at a local bar or have drinks with dinner at a restaurant. Sometimes, friends have too many alcoholic drinks, making it unsafe or illegal for them to operate a motor vehicle. The nationwide legal limit for blood alcohol content (BAC) is .08. If someone is caught driving under the influence (DUI), they will be arrested and will face both criminal and administrative charges. Aside from legal problems, the drunk driver is in danger of causing a car accident and injuring or killing themselves or someone else. This not only leads to them needing a dui attorney but they could go to jail and lose their driver’s license if convicted.

If a friend is exhibiting certain behaviors, they may be unable to safely drive home. Here are a few obvious signs that they should not drive.

Read the full article from Legal Law Help:
Warning Signs that a friend is Too Intoxicated to Drive

5 Reason Why Someone Needs a Criminal Attorney

noreply@blogger.com (LegalConsumerGuide) — Tue, 31 Jan 2012 18:21:00 +0000

When it comes to criminal proceedings, many individuals think that they can fight their own fight. There is an old adage in the law, though. He who represents himself, the adage says, has a fool for a client. A criminal defense attorney is a necessary thing for people who are faced with charges. Here are five reasons why accused individuals need one of these attorneys.

1. Ensuring a fair trial
One of the primary functions of a criminal defense attorney is ensuring that accused individuals get a fair shake. Keeping the government in line is a difficult process, but well-heeled lawyers can do just that. They know the rules front and back, so they can make sure that the prosecution does not get out of line.

2. Negotiating for possible plea bargains
Another primary function of defense lawyers is negotiating plea deals when that is a possibility. The vast majority of cases in today's world never make it to trial. The prosecution will usually look to work out a deal if it looks like the case is dead in the water. Having a good criminal defense lawyer can ensure that individuals get the best possible plea bargain to avoid jail time or avoid a large fine.

3. Obtaining lawyers when one hasn't been charged yet
Though many people don't think about getting an attorney until they have been charged, getting one early in the process is very important. This is because there are many things that happen in the early going that can determine whether or not the state is going to press charges. Knowing what to say to investigators is important and understanding which rights are protected is similarly important. A good lawyer can help a person through the early part of this process.

4. Specialization with a certain type of law
One of the top reasons why criminal defense attorneys are important is because they will often have specialization with a certain kind of law. The law is complicated and there are many ways that a trial can go. Having knowledge and experience within one kind of proceeding can help a criminal lawyer know where things are going next. This will give the accused a much better chance to come out on top when all is said and done.

5. Traffic infractions
Most individuals don't think about getting an attorney for a traffic violation, but defense lawyers can be especially helpful in these situations. The more serious the violation, the more necessary an attorney becomes. A DUI is especially serious and demands representation.

If you are interested in florida criminal lawyers, be sure to visit http://www.muscalaw.com/.

New YouTube Page for Legal Consumer Guide

noreply@blogger.com (LegalConsumerGuide) — Tue, 29 Nov 2011 23:44:00 +0000

Legal Consumer Guide is launching a new youtube page here; http://www.youtube.com/legalconsumerguide

New Twitter Page for Legal Consumer Guide

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Legal Consumer Guide is launching a new twitter page here; http://twitter.com/#!/legalcoguide

New Facebook Page for Legal Consumer Guide

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New Blog at Legal Consumer Guide

noreply@blogger.com (LegalConsumerGuide) — Tue, 29 Nov 2011 22:49:00 +0000

Legal Consumer Guide is starting a new blog, which will include news, guest posts from attorneys and other important information.