Tuesday, December 22, 2009

Retaliation complaint filed against Marine officials

Employees often refuse to file complaints against their employers for fear of retaliation. When the employer is a long standing institution such as the Marine Corps, the pressure is higher and the fear is greater.

Whistleblower Farnz Gayl alleged that military officials tried to force him to quit after accusing the Marine Corps of gross mismanagement for its failure to deliver lifesaving equipment to troops in Iraq.

Before his whistle blowing, Gayl had a sterling performance. But when the incident happened, he was poorly evaluated, hit with reprimands, had his job description rewritten and pressured to resign.

During his campaign, President Barack Obama pledged to treat federal whistle blowers as patriots instead of pariahs. But in an institution like the Marine Corps where whistle blowers have been viewed with contempt, such culture would be hard to change.

Gayl claimed that after exposing the anomaly he has been the subject of a Naval Criminal Investigative Service inquiry for mishandling secret information.

Under the law, an employee is shielded from retaliation for asserting protected rights. Hence, an employee may file a retaliation complaint should his employer gets back at him for doing something that is protected by law. Consequently, an employment attorney may be hired to pursue claims.

Wednesday, December 16, 2009

Former Candidate tried for Fraudulent acts

Issuing a bounced check in exchange for goods or services is penalized by law. It is a fraudulent act punishable in most states.

For Delecia Holt, a three-time congressional candidate, issuing a check became a habit despite the knowledge that she had no sufficient money in the bank.

Holt wrote bad checks to buy a Mercedes, pay for a month-long hotel stay and pay for telephone bills and other utilities. Consequently, she was arrested in October 2008 and jailed since then for failing to post a bail bond of $56,000.

Holt pleaded not guilty. Her court appointed defense attorney Fred McBride waived his right to make an opening statement.

Deputy District Attorney Marc Labreche said Holt could still be charged with filing a false campaign finance statements.

False or fraudulent acts are not only detrimental to a business endeavor but invites judicial intervention. When prosecuted for acts like these, a business lawyer can intervene to minimize or resist its effects.

Monday, December 14, 2009

Protecting One’s business

Businessmen should apply for a copyright of their products or services to prevent other people from copying or using them illegally. Unfortunately for Tila Nguyen (also known as Tila Tequila), she was sued for copyright and trademark infringement lawsuit for posting pictures of San Diego Chargers linebacker Shawne Merriman. She used his lights out trademark on her online site without his consent.

Tila allegedly used the pictures so attract traffic to her web site to purchase the products sold there. Apparently, this has delayed Merriman’s dealings with Walmart. It also affected his relationship with the San Diego Chargers.

Merriman is worried that the lights out trademark might confuse his consumers and think it was Nguyen’s.

This is the reason why a copyright or trademark is important; they can sue someone who tries to copy or make use of their products or services as they have a legal claim over things.

A good copyright or trademark infringement lawyer will be able to help his client win a case. The client has to provide him the necessary information that will support the case as evidences.

It is not a great feeling if someone stole an idea, products or services that were developed for so many years and a lot of money has been invested to put it out on the market.

Friday, December 11, 2009

1 Killed, 2 Injured in Highway 180 Collision

A 23-year-old driver was killed and two more people were injured in a fatal car accident in Highway 180 west of Fresno.

According to CHP, the 23-year-old man, whose identity is withheld pending notification of his family, was heading eastbound in a 1998 Chrysler Sebring when he crossed into the westbound lane and collided with a 2001 Chevrolet pickup.

The driver of the Chevrolet, Jose Gutierrez, 26, and his passenger, Jorge Vasquez, 21, each sustained major injuries and were taken to Community Regional Medical Center
CHP suspects that alcohol was involved in the accident.

Gutierrez and Vasquez should file a personal injury claim against the unidentified Chrysler driver despite his death.

Unlike criminal charges, civil liability lawsuits do not die with the victim.

The insurance company of the unidentified driver can pay for the damages caused by their client up to the limit of his car accident insurance policy.

Gutierrez and Vasquez should make sure that they consult with a car accident lawyer as the insurance company they will surely employ their own lawyers and insurance adjusters to find ways to deny their claim.

It is better to have your own attorney watching your back to increase the chance of success.

Thursday, December 10, 2009

Woman Sues Makers of Facebook Apps

A 41-year-old Santa Cruz woman identified as Rebecca Swift has filed a class-action lawsuit against one of the popular application makers in the social networking site Facebook.

In her lawsuit, Swift claimed that Zynga charged around $200 as the makers of the application “YoVille” lured her into signing up in an alleged false advertisement.

She believes that many others were lured in the same trap presented by Zynga.

A judge is yet to determine whether Swift’s claims of Zynga defrauding its users have credit. But those who have encountered the same alleged fraudulent act must seek the help of an expert lawyer who can determine whether they have grounds to file a complaint.

Friday, December 4, 2009

Beauty Queen Dies from Faulty Operation

The 38-year-old former Miss Argentina Solange Magnano died from pulmonary embolism when the liquid injected to her buttocks reportedly went to her lungs and brain putting her in critical condition three days before her death.

Magnano’s twin children will now have to live without their mother because of a possible medical malpractice committed by doctors who were paid to make her look better.

If proven guilty, the doctors, and probably the hospital, where she got her butt injected will face liability for the tragic death of the beauty queen.

Wednesday, December 2, 2009

Former Firefighter’s Union Chief Fighting City over IRS Reversed Benefit

The former head of San Diego firefighter’s union is fighting the city for not paying retirement benefits that was canceled after the IRS concluded that it violated federal tax laws.

The civil lawsuit was filed against the city by Ron Saathoff last September to repeal an ordinance that cancelled the benefit.

The conflict stemmed from the “presidential leave” benefit that would let Saathoff combine his salary as president of the International Union of Firefighters Local 145 with his salary as a city worker in determining his pension.

However, the benefit was cancelled and is actually a part of 2 pending criminal charges involving Saathoff and other city pension board.

The criminal charges allege that Saathoff and other board members engaged with self-dealing and fraud by approving a city proposal that put less money in the pension system than required while the city is agreeing to pay out more benefits in labor contracts.

According to Saathoff and his lawyer, the city lawfully entered in those benefits and it is obligated to perform on both of them.

A spokesman from the City Attorney’s office argued though that the benefits were approved with no ordinance and no vote; just as the city cannot take away retirement benefits without an ordinance and a vote of the membership, individuals cannot get special benefits without them.

The best bet of Saathoff to win this case is to prove that the benefits were legally approved by the city and that the IRS reversal was not justifiable.

The prosecutors would in turn try to show Saathoff and the other board members as self serving people who want to get more than what they contribute.

In my opinion, the IRS have already declared that the benefit is illegal and against federal tax laws.

The government has every right to take away a benefit that was passed by the people who are also the ones who stand to benefit from it.

Trade Unions are there to serve the interest of the workers who they represent, not to use their bargaining powers as leverage to get advantages over others.