Posts Tagged ‘jobs’

Insurance Recruiters

insurance recruiters
which is largest insurance recruiter in india?

I have no idea, but they ALL seem to be spamming the yahoo groups.

Life Insurance Mergers Create Management Recruiting Frenzy

Insurance Jobs Market Comment

2009 has been another puzzling year in the general insurance market. Whilst it has largely been spared the turbulence which has affected financial services and banking, there are still many troubling issues affecting both insurers and brokers which have had an inevitable knock-on effect for insurance recruitment.

Insurers keep complaining about rates being too low, but the actions of new entrants and other market share-hungry underwriters means that the soft market seems here to stay for a while yet. In addition, with a weak commercial property market, interest rates likely to stay low for the foreseeable future and stock market returns still looking unpredictable, insurers are finding that investment returns are also under pressure. All the more reason then to focus upon underwriting profit – but claims ratios traditionally come under pressure during a recession. Times for insurers are tough!

One battle which they are starting to get to grips with is reducing distribution costs. The days of broker consolidators earning 40% commission look numbered but there is still much work to be done. Axa and Aviva appear to be spear-heading this fightback but the likes of Towergate and Giles hold a strong position and will not give up their much-needed income easily.

As a result of this, underwriting jobs have been harder to come by than in recent years. However, new entrants to the market such as Arista are creating roles, whilst other forward-focused insurers are seeing this as a great time to strengthen their teams for the inevitable upturn which they hope will be arriving early next year. Good quality commercial underwriters are in still in great demand, particularly those with the ability to trade with brokers, and salary levels are still rising for those who keep an open mind for fresh opportunities.

Brokers have also had a tough year. The soft market has kept their income down and competition remains fierce. However, the concerns of good quality local brokers are nothing compared to those issues facing the consolidators who have borrowed heavily to grow their businesses over the past 5 years. The credit crunch has had a huge effect on these organisations, many of whom are unable to raise fresh funds to continue their expansion, and the re-negotiation of terms for their existing borrowings mean that their debts have become a huge millstone. If they also see their incomes hit by insurers squeezing their commissions then there could be some big names in trouble during 2010.

The good news for brokers looking for alternative career options is that this turbulence has led to many high calibre individuals setting up their own businesses, many of which are proving highly successful as they set themselves up as an attractive alternative to the big boys. Exchange Street is currently acting on behalf of a number of new insurance brokers who have seen initial success lead to a necessity to quickly put together a team and create jobs for experienced commercial account handlers, managers, account executive jobs and technicians.

Insurers and brokers are being even more selective about who they take on, but rest assured that general insurance career opportunities are still out there for good quality insurance professionals! Feel free to get in touch with us at Exchange Street – we have the expertise to guide you through this tricky insurer and broker job market and towards those sectors where you can thrive.

About the Author

Online Marketing Executive – Eden Light

Attorney Litigation Jobs

attorney litigation jobs
How do I find an entry level attorney position in CA?

I graduated from UC Hastings in 2007 with an unfortunate 3.0 GPA, but I was on law review. While in school I interned at a plaintiff’s firm and two different DA’s offices. It took me two tries to pass the bar exam, but now that I have my license I am having no luck finding work.

I’ve tried networking, job postings, and direct mailing to firms, and so far I’ve received nothing but rejections, some of which were fairly rude (“You’re not qualified to work at our firm.”).

I’d like to find a litigation job, preferably doing employment/labor, personal injury, or insurance defense.

Do any attorneys on here have advice on what I should do?

1. Contract attorney work – there are lots of temporary employment agencies that do this;
2. Special appearance attorney;
3. Craigslist;
4. Have you tried the local PDs and/or DA’s offices? I know you mentioned civil litigation, but you can get trial experience with the PD and/or DA;
5. In-house counsel;
6. Do you have any friends who are currently employed as attorneys? See if their firms are hiring. Many times, firms will take someone who is recommended by a current or former employee over someone who just sends in a resume.

Securities Litigation Jobs – LawCrossing.com

Hiring a Top Network Marketing Attorney

As with any other business venture you take part in, network marketing will revolve around certain legal issues. These legal issues can vary. On a downbeat note, issues of liability could be brought into question when developing a down line in the program. In a less dramatic vein, there will be issues surrounding contract law that need to be addressed. If you are a novice in such areas, you will assuredly wish to take a step back. Instead, let a qualified top network marketing attorney handle these issues for you.

Of course, in order to hire a top network marketing attorney, you need to apply a certain level of criteria prior to hiring such representation. Here is a look at some of the common criteria you need to examine prior to hiring:

It is an absolute must that you hire an attorney that has a specialization in network/MLM marketing. When you are looking for representation as it relates to your business, you need an attorney that understands the various facets of this type of business. While many businesses have similarities associated with them, there are also various specific differences as well. As such, it is impossible to hire a ‘generic’ business attorney. You need an attorney that truly understands the unique aspects of how a network marketing business operates.

Experience is a must when you are seeking a top network marketing attorney. Those attorneys that have a significant amount of time on the job so to speak can prove very helpful in litigation matters related to MLM. Experience truly can only be defined one way: has the attorney litigated cases related to MLM. If so, how many cases has the attorney litigated? The answers to these questions can aid in increasing the odds that you procure the services of an attorney that can effectively deliver the help you may need in litigation actions surrounding your MLM business.

If you are hiring an attorney to represent you in matters of litigation, it becomes vitally important to look at the actual track record of the attorney. That means you need to clearly determine how many cases the attorney has successfully litigated. Granted, it would be absurd to look for an attorney that has won every case he/she ever tried. But, it is important to hire an attorney that has far more successful outcomes than outcomes that are less than desirable.

As much as we would prefer not to think about the costs associated with hiring a top network marketing attorney, such issues have to be addressed. Thankfully, many top attorneys DO NOT come with high price tags. As a result, it can be possible to hire a top network marketing attorney without outlaying an outrageous amount of funds.

When you are involved in network marketing, the odds are quite strong that your venture will operate smoothly and without many problems. However, it is also possible that legal issues may arise. In order to prevent being overwhelmed with such issues, it would certainly help to procure the services of a qualified attorney who can handle the various legal issues you may be dealing with.

Litigation Jobs

litigation jobs
Can a policeman answer my question about litigation?

Do you face a lot of litigation? I was thinking about applying for the Texas Department of Public Safety as a state policeman, I am very well qualified, with the needed credentials.. I have a fear that I will face lawsuits all the time. Is this fear justified? I feel like if I shoot someone when it is completely 100% justified, I will be charged and stripped of my uniform anyway by overzealous lawyers. Do you get your balls busted for just doing your job?

If you shoot someone, it is very likely a lawsuit will be filed. However, that doesn’t mean anything will come out of it. Most are dismissed.

Even if it goes forward, as long as you are acting within the scope of your employment, you can not be held liable. The department can be held liable, but not you. The legal term for this is “vicarious liability”.

The purpose behind vicarious liability is to allow you to make split second decisions without fear of being sued.

Securities Litigation Jobs Minneapolis

Litigation Associate

litigation associate

Winner & Associates – A Cold Eyes, Strategic Approach

Winner & Associates is an award-winning, full-service communication consulting firm. It has more than three decades of experience designing image management and communication campaigns for organizations in industries such as government, utilities, transportation, health care, energy, environment, gaming, science and technology, and entertainment.

A Cold Eyes, Strategic Approach

Winner & Associates uses a cold eyes approach to communication and image management campaign design. That means we use multiple perspectives to identify any communication barriers that might prevent you from influencing your target audience. The cold eyes perspective also helps us neutralize opposing viewpoints before they become problematic.

Researching Communication Campaigns

More than 30 years of experience has shown Winner & Associates that communication strategies are most effective when they are approached from an informed perspective. In today’s rapidly changing world, that means using up-to-date research to determine which media formats your target finds persuasive. Winner & Associates is a part of the Publicis Group, which has research offices located around the world. This gives us access to independent data so that we can identify the most useful communication strategies for your organization.

Assessing Your Business Goals

Winner & Associates takes time to gather information from your organization so that we can clearly define your business goals. This allows our firm to set specific goals for your campaign so that we can measure success objectively.

Services from Winner & Associates

Winner & Associates is a full-service firm that offers clients the skills and experience that they need for

• Crisis prevention and management
• Public affairs and relations
• Litigation support
• Issues and image advertising
• Marketing
• Strategic planning
• Issues management

Quality Campaigns Target Your Audience

The best communication and image campaigns target specific demographics so that time and money are used effectively. Winner & Associates harnesses the synergistic energy of campaigns that utilize multiple media formats that appeal to your target audience.

Not all audiences use or rely on the same types of media formats, so we maintain a staff of film editors and writers that can work in a variety of forms, including

• Hour-long documentaries
• Advertisements for print, radio, and television
• Brochures
• Web sites

Choosing an Effective Campaign

Winner & Associates knows that your organization has its own budget and time restraints that influence the decisions that you make, so we give you several campaign proposals that will help you meet your business goals. Each proposal includes a budget and timeline so you can choose one that fits into your organization’s plans without wasting money and time on ineffective strategies.

Meeting Your Business Goals

After your campaign has started, Winner & Associates performs more research to determine how effect it is. This research includes opinion polls, interviews, and document analysis. Since we know what your specific business goals are, we can analyze our research to determine your campaign’s effectiveness. This shows you what areas of your plan work well and which could need adjustments.

What is a civil penalty claim?

I shoplifted a toothbrush from Rite Aid, now the law offices of Palmer, Reifler and Associates have sent me a document stating I owe them 300 dollars for it. If I choose not to pay it states they MAY proceed with a civil penalty claim. I don’t know what that means. Also it states if I choose not to pay they may go to further civil action and chose to request pre-litigation attorney’s fees. What does that mean?

Can’t I just do community service?

Everyone thinks their penalty is too harsh.

Here is a related thread.

http://www.expertlaw.com/forums/showthread.php?p=244128

Litigation Careers

litigation careers

How a Paralegal Career is a Shortcut For Many in the Legal Field

Paralegal careers provide a large scope for diversity and variety as well as career advancement. Although an entry-level paralegal salary is not considered to be high, as time goes on and you gain experience you can become a very well paid paralegal with considerable responsibility.

Going to paralegal school or attending a university program specializing in paralegal law is the best way to get a start in this exciting career. There are many areas of expertise that paralegals can work in so gaining an understanding of what these are is a good way to decide where you want your career to progress to over time.

Types of Paralegals Include:

Nurse Paralegal – An excellent choice for paralegals who have some experience or interest in the medical profession.

Patent Paralegal – These paralegals have the potential to earn the most money while they aid patent attorneys and agents in filing patent-related paperwork.

Immigration Paralegal – A unique paralegal career choice.

Real Estate Paralegal – These paralegals help in the process of buying and selling property for clients.

Bankruptcy Paralegal – A niche paralegal area that is growing.

Family Law – Takes care of all legal issues relating to families such as divorce and estate planning.

Litigation Paralegal – These paralegals work with lawsuits of different types.

Real estate paralegals are one of the most common areas of paralegal work. These paralegals undertake various tasks such as preparing closings, performing due diligence, liaising with clients during the purchase and contract exchange process of property sales, and researching the title and administrative processes. Real estate law takes in all aspects of buying and selling property as well as the finance and leasing of property (both commercial and residential). Paralegals work closely with property solicitors to ensure the property exchange process goes smoothly.

Litigation paralegals settle lawsuits. These paralegals need to be familiar with civil procedure and discovery but it will depend what type of litigation the paralegal is involved in. The two types are civil and criminal. Litigation paralegals must undertake a lot of work per client so it is one of the more strenuous branches of this profession. Some tasks of a litigation paralegal include interviewing the witnesses, investigating the facts, aiding in the preparation of appeals, tracking court deadlines and drafting pleadings.

If you are interested in law but do not wish to become a lawyer, consider a paralegal career. It is just as exiting as a career as an attorney, but does not require a law degree. As you can see, there are also many different branches of the paralegal profession that you can choose from based on your interests.

Paralegal Salary Facts

Paralegal careers are very popular due to the interesting work and potential salary of employees. The median paralegal salary stands at about $45,000 but there is plenty of scope and opportunity to drastically increase your salary through further study, increased experience and smart job searching.

There is always a large variation in salaries between legal firms. Large firms will generally pay a paralegal more than very small firms. Government agencies also offer excellent salary opportunities for paralegals with higher earnings and more benefits. Most of the time paralegals are paid by attorneys based on the quality and also the quantity of work delivered.

Sometimes law firms favor specific qualifications in their paralegals and as such if you meet these requirements you will be entitled to a larger salary and benefits. Paralegals often receive bonuses. The average bonus per year is around $3,400. The average paralegal salary is said to increase by around $1700 per year but this number may fluctuate depending upon economic conditions.

Paralegals are known to work exceptionally long hours. Depending upon the terms of your contract, you may be eligible for over-time as a paralegal. As mentioned, bonuses are also paid as a reward for their dedication.

Paralegals and legal assistants earn different average salaries based on both education and experience as well as the quality of the employer. In general, legal firms in major cities will pay considerably more than those in rural or regional areas.

Junior paralegals generally start on a low wage of around $25,000 but quickly progress as they gain experience with most receiving a pay rise each year. The top paralegals can command more than $60,000 per year and these people are generally experts in one area of the paralegal profession.

Some common tasks performed by paralegals include:

- Contacting clients
- Drafting documents
- Organizing client files
- Indexing transcripts
- Preparing clients for court hearings
- Reviewing legal material
- Maintaining schedule calendar
- Track pending legislation that could affect clients

All of these tasks combine to make-up a job that requires much attention to detail and knowledge about the legal system. And this is why paralegals can potentially earn an excellent salary. So if this sounds interesting to you, consider pursuing a career as a paralegal, it’s an exciting career field that doesn’t require years of school and experience.

Considering being a lawyer??

I am a sophmore in college. All throughout high school I wanted to be an attorney. But as I became older I began to realize all the negative aspects of this career like working many hours since I eventually will start a family. I’ve changed my mind a million times about what to do. I’ve considered paralegal and even being a therapist. But part of me is still interested in being a lawyer. So my question is to attorneys? Are you happy with your career? Also, since I tend to get shy or nervous would I be able to handle litigation? Thanks for your input!!
ok first answer, im not doing it for the $, and u said only to do it if it’s what I like and my question is that I’m trying to figure out if I would like it or not

I worked over ten years as a litigation paralegal and have many friends who are attorneys — both male and female.

Yes, as with anything in life that you want to succeed at, you will work hard (especially in litigation where billiables are paramount and junior associates are trying to prove themselves). Yet, I’ve known women who are able to juggle both family and work — however, that usually comes later when she is more established in her career.

As for changing your mind many times, I disagree with the above post: College is a time to explore your options. (There are many college graduates in this world whose current jobs have nothing to do with their majors.) However, I do agree that if you are interested in becoming an attorney, that you look into doing whatever it takes to get accepted into law school — sooner than later. (Whether it be looking into LSAT prep courses, taking classes to hone your writing and analytical thinking, etc.)

Perhaps an internship at a law firm over summer break might give you a glimpse into the life of an attorney?

If you are shy/nervous, there are other fields of law that don’t require you to be under the spotlight. Perhaps corporate law, patent & trademark law, tax law, etc. (As the post above me said, effective public speaking comes with practice it seems.)

Good luck!

CACI Announces the Release of Cyber Security Report ARLINGTON, Va. – (BUSINESS WIRE) – CACI International Inc (NYSE: CACI) and the U.S. Naval Institute (Usni) today announced the publication of a report on cyber threats to national security: challenges for the control of Global Supply Chain. The report published Recommendations from the recent symposium in the series of new asymmetrical cyber-threats. A copy of the report can be downloaded …

Insurance Jobs

insurance jobs

Insurance Jobs to Meet Professional Needs

Young professionals just entering the insurance industry in the United Kingdom need to consider a number of things in their daily lives. Insurance sales people need to deal with a variety of customers while staying updated on the latest changes in policy offerings. Claims adjusters and actuaries in the insurance field need to be concerned about corporate policy while assessing different aspects of the claims process. Managers, executives, and entry level insurance professionals alike have to consider their competition in terms of other companies and people within the workplace. All in all, working in the insurance profession can be tense for even the most self-collected workers.

Graduates and those just entering the insurance profession should heed these examples of daily stresses before starting their first job. By recognising the various pitfalls and problems that are common in the insurance industry, a young professional can start off on the right foot from day one. Organised, intelligent, and talented insurance professionals are capable of sidestepping stress and handling their competition with grace and style. With these problems out of the way, an insurance worker in the United Kingdom can assess the bigger picture, including where they want to go in the future. In essence, eliminating the small stresses can create a better focus on which path will help best meet a professional’s needs in the insurance industry.

Employees who have grown within an insurance company over a matter of years have to consider whether their professional future involves staying working within this environment. Sales people, adjusters, and other professionals need to see how much they have grown within a company and their potential for advancement over the next few years. In addition, insurance professionals who have worked for a while with the same company need to determine the consequences of moving to another organisation. In essence, an insurance professional needs to know exactly where they are heading before leaving a secure position.

Graduate trainees, interns, and part-time employees alike differ considerably from established, full-time workers. These types of employees are not nearly as attached to an insurance company as their full-time colleagues. Graduate trainees in sales, actuarial sciences, or management can either stick it out with their current employer or move on to bigger and better things. Likewise, interns and part-time workers are often set for a certain amount of time with a company before needing to decide their next career move. For these employees, the most important consideration is not only which job secures their financial future but which job helps them fulfil their professional goals.

Jobs bill to stop teacher layoffs nears approval
Legislation to provide billions to save the jobs of teachers and other public workers is on track to pass the Senate, helped along by the votes of a couple of GOP moderates.

Litigation Secretary

litigation secretary

Public School Law & Educational Laws and Policies, Employment Law, Contracts, Due Process, Dr. W.A. Kritsonis

 

William Allan Kritsonis, PhD
Professor

 

Public School Law & Educational Laws and Policies

 

 

 

EMPLOYMENT

 

 

INTRODUCTION

 

          When we speak of employment, we find that the public school system is the largest employer in the state of Texas. The full scope of the employment relationship examines the constitutional concept of due process of law, the different employment arrangements that are available to public schools in Texas, the hiring and firing process, and the legal issues that arise in that context (Walsh, Kemerer, and Maniotis, 2005).

 

          For the purpose of this report, we will present ten cases as they relate to the different employment arrangements found in public education. The findings are intended to be informative and beneficial in terms of “at-will employeesâ€, “Non-Chapter 21 Contractsâ€, “probationary contractsâ€, “term contractsâ€, “continuing contractsâ€, and “third-party independent contractor.â€Â 

 

Case One

 

United States Court of Appeals,

Fifth Circuit.

 

Emilio MONTEZ, et al., Plaintiffs-Appellants,

v.

SOUTH ANTONIO INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee

No. 87 – 5501

                       

LITIGANTS

 

Plaintiffs-Appellants: Emilio Montez, et. al

 

Defendant-Appellee: SOUTH San Antonio INDEPENDENT SCHOOL DISTRICT

 

BACKGROUND

 

In 1979 Montez was hired to teach in the Junior Reserve Officer Training Corps program. Montez has never been certified as a teacher by the responsible authorities of the State of Texas. His initial employment was validated on October 15, 1979 when the Texas Education Agency issued him an Emergency Teaching Permit. That permit expired on August 31, 1980 and was never reissued. Montez continued to work until September 1985 when he was notified of the anticipated termination of his employment. After two hearings before the school district authorities, Montez was discharged at the end of the 1985-86 school year.

 

FACTS

 

Emilio Montez appeals a summary judgment rejecting his claims under the Fifth and Fourteenth amendments and 42 U.S.C. series 1983. He alleges wrongful termination by the SAN ANTONIO ISD of his employment as an instructor in the JROTC program. The district court found no genuine issue of material fact and concluded that Montez had not been denied due process as relates to a claimed property interest.

 

The United States District Court for the Western District of Texas, at San Antonio, H. F. Garcia, J., granted summary judgment against instructor. Instructor appealed.

 

DECISION

 

In order to establish due process deprivation of property interest under the Fourteenth Amendment, plaintiff must establish that he had “legitimate claim of entitlement†to that interest. Montez who was hired to teach in the JROTC program was employed under “continuing contracts†after his emergency teaching permit expired.

 

When he was subsequently discharged by the school district, it was determined that he was not “teacherâ€, for purposes of Texas “tenure law†granting “teachers†legitimate claim of entitlement to, and protection under the due process clause of the Fourteenth Amendment. The instructor never held required permanent teaching certificate, and any contract purporting to give instructor more than that allowed by Texas law was beyond the power of the school district and could not bestow property interest on instructor.

 

Montez contends that, even if his contracts were not valid, the circumstances surrounding his employment gave him property interest in his job because he relied on the words “continuing contractâ€, and he was never notified of the certificate requirement. This contention overlooks the Hornbook rubric that knowledge of the law is presumed.

 

Montez asserts estoppel, but that claim also founders. Estoppel cannot be used to create a contract right where none exists. Further, estoppel may be asserted only rarely against a governmental entity. Nor may Montez advance a claim of deprivation of a liberty interest. He had two hearings before the school authorities prior to his termination. Liberty interests are not implicated.

 

DICTA

 

The Court of Appeals, Politz, Circuit Judge, held that: (1) instructor was not “teacher†for purposes of Texas tenure law granting “teachers†Fourteenth Amendment interest in their jobs; (2) instructor failed to demonstrate facts sufficient to establish that circumstances surrounding his employment gave him “property†interest in his job; (3) instructor could not prevail on estoppel theory; and (4) instructor’s liberty interests were not implicated.

 

IMPLICATIONS

 

Montez’s brief pointedly focuses on what appears to be a gap in the Texas Education Code’s coverage as respects the treatment accorded JROTC instructors. Montez’s complaints should be addressed to the Texas legislature. It is not cognizable as a constitutional or civil rights claim in this forum.

 

 

Case Two

 

LITIGANTS

 

United States District Court, N. D. Texas, Dallas Division.

                             Chris BARBRE (Plaintiff)

                                      V.

GARLAND INDEPENDENT SCHOOL DISTRICT, the Board of Trustees of the Garland Independent School District, Doug Butler, Charles Cooper, Ronnie Rogers, R. E. Dodson, Harry Hill, Jim Kennedy and Darwin Morris, Eli Douglas, Charles Price and W. E. Peters (Defendants)

No. CA 3 – 77 – 0187 – C

 

 

BACKGROUND

 

The plaintiff, Chris Barbre, a former untenured teacher’s aide at Garland Independent School District, brings her main claim under 42 U.S.C. series 1983, and under the First Amendment of the U.S. Constitution, alleging that her employment was not renewed because of her protected First Amendment speech.  The plaintiff also brings procedural due process claims under the Fifth and Fourteenth Amendments of the U.S. Constitution, and under 42 U.S.C. series 1981.

 

The individual defendants, all of them officials of the Garland Independent School District, are sued individually and in their official capacities. The plaintiff seeks reinstatement, back wages, actual and exemplary damages and attorney’s fees and costs. In addition, the plaintiff seeks to have “all references to her alleged ‘disloyalty’, termination and non-renewal,†expunged from her employment records.

 

FACTS

 

Former untenured teacher’s aide’s speech at school board meeting was not protected by First Amendment, where nature of aide’s communications related to immediate terms and conditions of her employment, and only tangentially to matters of public concern, aide’s communications raised questions of maintaining either discipline by immediate superiors or harmony among co-workers, aide’s relationship with superior was such that certain forms of public criticism of him by her would seriously undermine effectiveness of working relationship between them, aide’s speech impeded proper performance of her daily duties, and aide could have achieved her purposes in less disruptive ways.

 

DECISION

 

Contention of former teacher’s aide that she was terminated without procedural due process provided no basis for relief. There was no basis to hold that there was any property interest in aide’s employment contract, so as to entitle her to procedural safeguards, because she did not have any type of tenure.

Reasons for termination or non-renewal of a public employee  that are not made public cannot form basis of claim that a due process “liberty†interest has been impaired, so as to entitle public employee to procedural safeguards.

 

A public employee does not have a claim under Fourteenth Amendment denial of a hearing on his non-renewal, when disclosure of his employment file would amount to stigmatization, unless he asserts that report in files is substantially false and thus deprives him of protected liberty interest.

 

After considering all the evidence presented at trial, the pleadings, briefs and oral argument of counsel, the Court concludes that plaintiff fails to establish any violation of the U.S. Constitution or federal statutory law by the School District or its officials. The First Amendment claim, although plausible, does not succeed on the facts of this case, nor on applicable law. Therefore, the Court must deny plaintiff all requested relief.

 

DICTA

 

The District Court, William M. Taylor, J., held that: (1) under circumstances, aide’s speech at school board meeting was not protected by First Amendment, and (2) even if aide’s speech before and during school board meeting was protected by First Amendment, and even though such speech was a motivating factor in her non-renewal, her insubordination, subsequent to board meeting, was a valid and separate explanation for her non-renewal apart from any of her prior expressions.

 

IMPLICATIONS

 

The First Amendment requires striking a balance between interests of teacher, as a citizen, in commenting upon matters of public concern and interest of state, as an employer, in promoting efficiency of public services it performs through its employees. Unless such balance favors state, it should not be permitted to punish a teacher for truthful speech, or for false speech made without malice or reckless disregard of truth.

 

 

   Case Three

 

LITIGANTS

 

United States Court of Appeals,

Fifth Circuit.

James W. Russell, Jr., Plaintiff-Appellant

v.

EL PASO INDEPENDENT SCHOOL DISTRICT

et al., Defendants-Appellees.

No. 76-1836

 

BACKGROUND

 

A teacher, the plaintiff, whose employment contract was not renewed, filed this action alleging infringement of constitutionally protected rights under the First and Fourteenth Amendments to the United States Constitution and 42 U.S.C. series 1983 (1970). The district court dismissed the case on the pleadings because of the plaintiff’s failure (1) to exhaust his administrative remedies under Texas state law, and (2) to raise a substantial federal question. The United States District Court for the Western District of Texas at El Paso, William S. Sessions, J., dismissed the case on the pleadings and teacher appealed.

 

FACTS

 

     The parties to this appeal differ as to what is the applicable Texas law governing appellant’s employment contract with the El Paso District. Under Section 13.104 of the Texas Education Code (1972), the school board’s decision not to renew Russell’s contract would be “final and nonappealable.†Russell contends that this is the applicable statute. For that to be the case, however, it must be shown that the school board in question had adopted the tenure plan contained in Chapter 13 of the Education Code.  The contract in question was executed on August 24, 1973. It was not until December 13, 1973 that the Board of Trustees of the School District adopted the tenure plan. We see no reason to apply retroactively the terms of the tenure plan to an employment contract already in existence.

    

With regard to the substantiality of the federal question presented by Russell, it is important to note that the contract under which he was employed was for one year. More importantly, this was his first year of employment with the school district.

    

Similarly, there was no impermissible denial of a liberty interest. “Where a person’s good name, reputation, honor or integrity, is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential.†Russell requested, and was given a full and fair hearing on this matter.

 

DECISION

 

Teacher employed for one year did not have a reasonable expectation of reemployment after the first year of employment. The teacher whose employment contract was not renewed and who requested and was given a full and fair hearing sustained no impermissible denial of liberty interest.

 

DICTA

 

The Court of Appeals, Gewin, Circuit Judge, held that terms of tenure plan adopted subsequent to execution of teacher’s contract would not be applied retroactively and adoption of the plan did not render applicable section of Education Code under which board’s decision not to renew teacher’s contract would be final and nonappealable. Teacher was required to exhaust administrative remedies; that teacher employed for one year had no reasonable expectation of reemployment; and that there was no impermissible denial of liberty interest.

 

IMPLICATIONS

 

The federal court is not the appropriate forum in which to review the multitude of personnel decisions that are made daily by public agencies. We must accept the harsh fact that numerous individual mistakes are inevitable in the day-to-day administration of our affairs. The United States Constitution cannot be feasibly construed to require federal judicial review for every such error. In the absence of any claim that the public employer was motivated by a desire to curtail or to penalize the exercise of an employee’s constitutionally protected rights, we must presume that official action was regular, and, if erroneous, can best be corrected in other ways. The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions.

 

 

    Case Four

 

LITIGANTS

 

Court of Civil Appeals of Texas,

Corpus Christi.

Reynaldo RUIZ, Appellant,

v.

The STATE of Texas, Appellee

No. 1102

 

BACKGROUND

 

Reynaldo Ruiz was elected Justice of the Peace for Precinct 3, Place 2 in Hidalgo County, Texas, for a second term in November 1974 and has been discharging his duties as Justice of Peace since January 1, 1975. Ruiz has also been employed in a teaching capacity as ‘Coordinator of the Cooperative Part Time Training Program’ for the La Joya Independent School District, a job he has held since 1967. In September of 1975, the Hidalgo County Auditor and Treasurer, upon advice of the County Criminal District Attorney, began withholding the appellant’s pay checks for his services as Justice of Peace.

 

 

FACTS

         

Appeal was taken from an order of the 92nd District Court, Hidalgo County, Paul A. Martineau, J., declaring that the appellant was not qualified to be paid compensation as a justice of the peace while he also maintained employment as a public school teacher.

 

DECISION

 

Provision of Constitution prohibiting any person from holding more than one office of emolument specifically excepts justice of peace from dual emolument  prohibitions, and teacher was an employee rather than an “officerâ€; thus, person employed in teaching capacity for independent school district and who also served as elected justice of  peace was eligible to receive compensation for both positions.

 

DICTA

 

The Court of Civil Appeals, Nye, C. J., held that the constitutional provision prohibiting persons from holding more than one office of emolument specifically excepted from its prohibitions the office of the justice of the peace; and that the separation of powers provision of the Constitution did not prevent appellant from receiving a salary and serving as both a public school teacher and a justice of the peace. Reversed and rendered.

 

IMPLICATIONS

 

Separation of powers provision of the State Constitution did not prevent public school teacher from also serving and receiving salary as justice of peace where such person, as teacher, was not exercising sovereign powers of State, and where there was no evidence that his activities and duties as public school teacher interfered in any way with his constitutional duties as justice of peace.

 

 

 

 

 

 

 

 

 

 

 

 

   Case Five

 

LITIGANTS

 

IN THE SUPREME COURT OF TEXAS

No. 01- 0557

 

Midland Judicial District Community Supervision and Corrections

Department, Petitioner

v.

Ruthie Ann Jones, Respondent

 

On Petition for Review from the

Court of Appeals for the Eight District of Texas

 

 

BACKGROUND

 

On July 30, 1993, the Midland Judicial District Community Supervision and Corrections Department (CSCD) informed Ruthie Ann Jones that she had been hired as a Pretrial Services Administrative Technician III. At that time she was given a memorandum that stated that she would start work on August 9, 1993. The memorandum also discussed her salary. She would receive a starting monthly gross pay of $1,558.00 in August; $14 would be added to her pay starting 1/1/94; another $13 increase effective 4/1/94; and she would have a monthly gross salary on 9/1/94. The salary figures were contingent upon her future performance evaluations and available county funding.

 

FACTS

 

In December 1993, Jones’ position was eliminated due to budget constraints. Jones filed suit against the CSCD, alleging wrongful termination and breach of employment contract. The trial court granted CSCD’s motion for summary judgment on the ground that Jones was an at-will employee. The court of appeals held that Jones’ employment was for a fixed term, reversed the trial court’s summary judgment, and remanded the case for trial.

 

DECISION

 

For well over a century, the general rule in this State, as in most jurisdictions, has been that absent a specific agreement to the contrary, employment may be terminated by the employer or the employee for good cause, bad cause or no cause at all.

The general statements indicating that Jones’ salary increases were contingent on “future performance evaluations and available county funding†do not indicate CSCD’s intent to be bound not to terminate her employment except under clearly specified circumstances. The court of appeals erred in concluding that the memo constituted a contract of employment for one year. The written form of CSCD’s general statements does not change the fact that they do not unequivocally indicate the required intent.

 

DICTA

 

“The issue in this case is whether the respondent’s employment with the petitioner was for a fixed term or at-will. Because we conclude that there was no fixed term of employment, we reverse the courts of appeal’s judgment and render judgment that the employee take nothing by her claims against the employer.

 

IMPLICATIONS

    

When a contract is made by the employer and the employee, the terms of employment have to be specific and clear and may not be subject to other interpretations in the future by either party.

 

Case Six

 

LITIGANTS

 

United States Court of Appeals,

Eight Circuit.

Frances FISHER, Appellee

v.

James SNYDER et al., Appellants

 

BACKGROUND

 

Mrs. Fisher, a middle-aged divorcee, was employed at the high school in Tyron, Nebraska from 1970 to 1972. Her married son, then 26 years old, lived and taught in the neighboring town of Stapleton, Nebraska. Mrs. Fisher lived alone in a one-bedroom apartment. On several occasions, young ladies, married couples, and young men who were friends of her son, visited Tyron. Because hotel and motel accommodations were generally sparse and unavailable in Tyron, Mrs. Fisher followed the advice of the secretary of the school board and allowed these guests to stay overnight at her apartment. Cliff Rowan, age 26, was a particularly frequent visitor. Rowan’s parents lived in California. He therefore, regularly visited Mrs. Fisher during his school vacation and at other times, and she referred to him as her second son.  In the spring of 1972, Rowan spent about a week in Tyron visiting school classes as a means of fulfilling certain of his college requirements. Mrs. Fisher made arrangements with school administrators for this visitation and it was reported in the local newspaper. Following Rowan’s visit, the school board notified Mrs. Fisher that her contract would not be renewed at the end of 1972 school year. At her request, pursuant to provisions of Nebraska law, the board afforded Mrs. Fisher a hearing relating to the notice of dismissal. Civil right action by school teacher whose contract was terminated because of alleged conduct unbecoming a teacher. The United States District Court for the District of Nebraska, Warren K. Urbom, Chief Judge, ordered reinstatement, and the board members appealed.

 

FACTS

         

Nebraska by statute requires that notice and a hearing be given non-tenured teachers who are to be terminated. The appellees concede that the school board, in dismissing Fisher, complied with the statute, and its judgment, therefore, must be afforded judicial deference “so long as the board does not act unreasonably, arbitrarily, capriciously or unlawfully.â€

However, a high school teacher may successfully argue that his dismissal  was arbitrary and capricious if he can prove that each of the stated reasons  (underlying his dismissal) is trivial, or is unrelated to the educational process or to working relationships within the educational institution or is wholly unsupported by a basis in fact.

         

Thus, while a school board may legitimately inquire into the character and integrity of its teachers, it must be certain that it does not arbitrarily or capriciously dismiss a teacher based on unsupported conclusions drawn from such inquiries.

 

DECISION

 

That middle-aged divorced  high school teacher, who inquired of school board’s secretary and was advised to keep guests in her one bedroom apartment because other accommodations were limited, had overnight guests did not provide basis in fact for inference by school board of rural Nebraska county district that there was strong potential for sexual misconduct. Thus, inference that teacher’s activity was social misbehavior not conducive to maintenance of integrity of school system was arbitrary and capricious and was an impermissible reason for terminating employment.

 

 

 

DICTA

 

The Court of Appeals, Bright, Circuit Judge, held that fact that middle-aged divorced high school teacher, who inquired of school board’s secretary and was advised to keep guests in her one-bedroom apartment because other accommodations were limited, had overnight guests did not provide basis in fact for inference by school board of rural Nebraska county district that there was strong potential for sexual misconduct.

 

Thus, board’s inference that teacher’s activity was social misbehavior not conducive to maintenance of integrity of public school system was arbitrary and capricious and was an impermissible reason for terminating employment. Judgment affirmed.

                  

IMPLICATIONS

 

High school teacher’s  dismissal is arbitrary and capricious if each of stated reasons underlying dismissal is trivial, or is unrelated to educational process or to working relationships within educational institution or is wholly unsupported by a basis in fact.

    

Though school board may legitimately inquire into character and integrity of its teachers, it may not arbitrarily or capriciously dismiss teacher based on unsupported conclusions drawn from such inquiries.

     Case Seven

 

LITIGANTS

 

BOARD OF REGENTS OF STATE COLLEGES ET AL. – Appellant

v.

David ROTH – Appellee

SUPREME COURT OF THE UNITED STATES

408 U.S. 564 (1972)

 

BACKGROUND

In 1968, David Roth was hired for his first teaching job as assistant professor of political science at Wisconsin State University-Oshkosh. He was hired for a fixed term of one academic year. The notice of his faculty appointment specified that his employment would begin on September 1, 1968, and would end on June 30, 1969. Roth completed that term. But he was informed that he would not be rehired for the next academic year.

 

FACTS

David Roth had no tenure rights to continued employment. Under Wisconsin statutory law a state university teacher can acquire tenure as “permanent†employee only after four years of year-to-year employment. Having acquired tenure, a teacher is entitled to continued employment “during efficiency and good behavior.†A relatively new teacher without tenure, however, is under Wisconsin law entitled to nothing beyond his one-year appointment. There are no statutory or administrative standards defining eligibility for reemployment. State law thus clearly leaves the decision whether to rehire a non-tenured teacher for another year to the unfettered discretion of university officials.

         

Roth filed suit in court. He alleged that he was not rehired because of statements he made against the University’s administration and therefore it violated his right to freedom of speech. He also alleged that his right to procedural due process (Fourteenth Amendment) was violated when the University officials failed to give him reasons not to rehire him.

 

DECISION

 

The District Court granted summary judgment for Roth on the procedural issue, ordering the University officials to provide him with reasons and a hearing. The Court of Appeals, with one judge dissenting, affirmed this partial summary judgment. The only question presented to the Supreme Court at this stage of the case is whether Roth had a constitutional right to a statement of reasons and a hearing on the University’s decision not to rehire him for another year. We hold that he did not.

 

The Fourteenth Amendment does not require opportunity for a hearing prior to the non-renewal of a non-tenured state teacher’s contract, unless he can show that the non-renewal deprived him of an interest in “liberty†or that he had “property†interest in continued employment despite the lack of tenure or a formal contract. Here the non-retention of respondent, absent any charges against him or stigma or disability foreclosing other employment, is not tantamount to a deprivation of “liberty,†and the terms of respondent’s employment accorded him no “property†interest protected by procedural due process. The courts below therefore erred in granting summary judgment for the respondent on the procedural due process issue.

 

DICTA

 

“The only question presented to us at this stage in the case is whether the respondent had a constitutional right to a statement of reasons and a hearing on the University’s decision not to rehire him for another year. We hold that he did not.â€

         

“Our analysis of the respondent’s constitutional rights in this case in no way indicates a view that an opportunity for a hearing or a statement of reasons for non-retention would, or would not, be appropriate or wise in public colleges and universities. For it is a written Constitution that we apply. Our role is confined to interpretation of that Constitution.â€

 

“We must conclude that the summary judgment for the respondent should not have been granted, since the respondent has not shown that he was deprived of liberty or property protected by the Fourteenth Amendment. The judgment of the Court of Appeals, accordingly, is reversed and the case is remanded for further proceedings consistent with this opinion.â€

 

IMPLICATIONS

 

A contract is a property only during the term. In this case, Roth did not have a property right beyond its term. Due process is required during the contract or when the contract becomes the property of the employee.

 

 

     Case Eight

 

LITIGANTS

 

United States Court of Appeals,

Fifth Circuit.

John M. DENNIS, Plaintiff-Appellee

v.

S & S CONSOLIDATED RURAL HIGH SCHOOL DISTRICT

et al., Defendants-Appellants

No. 76 – 3803

 

BACKGROUND

 

Suit was brought by the non-tenured public school teacher alleging that manner in which school decided not to renew his contract deprived him of liberty and property without due process in violation of the Fourteenth Amendment. The United States District Court for the Eastern District of Texas at Sherman, William Wayne Justice, J., found that allegations of a drinking problem subjected teacher to “badge of infamy†which violated his liberty interests and ordered administrative hearing, and appeal was taken.

 

In this appeal, S & S contends that the district court erred in holding that the actions of the school board violated any protected liberty interest. Significantly, S & S has not argued that either the March or the June, 1974, hearings afforded Dennis procedural due process, assuming the existence of a protected liberty interest. Neither party challenges the district court’s holding that Dennis had no property interest in continued employment with S & S.

 

FACTS

 

          Appellee John M. Dennis was hired by the Board of Trustees of the Sadler & Southmayd Consolidated Rural High School District (S&S) as a science teacher and high school principal for the 1968-1969 school year. Each year thereafter, through the 1972-1973 school year, S & S voted to renew Dennis’ contract. At the regular school board meeting in February, 1974, however, S & S voted not to renew the one year contract under which Dennis was employed. Although Dennis was given no advance notice of the Board’s February action or the reasons for it, he had previously been involved in several disputes with S & S concerning student discipline. In response to Dennis’ request, the S & S Board of Trustees met publicly in March, 1974, to discuss the non-renewal of Dennis’ contract. Prior to this meeting, Dennis was not given a list of charges against him, the reasons for his non-renewal, or the names of the persons who had made charges against him. At the meeting, the only reason for non-renewal given by the Board as a body was that the action was in “the best interest of the school.†However, individual board members cited their reasons for not renewing Dennis’ contract: “neglected his dutiesâ€; “was too inefficient to continue in his positionâ€; had “a drinking problem.†Dennis denied all allegations and later demanded a hearing before the Board in the hopes of clearing his name.

 The Board granted Dennis a hearing, which was held in public on June 3, 1974 and at which substantially the same allegations were made against Dennis as at the March meeting.

 

DECISION

 

The Court of Appeals, Simpson, Circuit Judge, held that: (1) teacher, who had no property interest in renewal of his contract, was nevertheless entitled to Fourteenth Amendment due process when school board subjected him to badge of infamy in course of refusing to renew his contract, but (2) teacher was only entitled to opportunity to “clear his name†and was not entitled to retention on school payroll or to back pay since his right to due process did not encompass right to continued employment. Affirmed in part, reversed in part.

         

 

 

 

 

DICTA

 

The critical issue raised by this appeal is whether a non-tenured public school teacher with no property interest in the renewal of his teaching contract is entitled to Fourteenth Amendment due process when the school board subjects him to a badge of infamy in the course of refusing to renew his contract. We hold that he is.

 

IMPLICATIONS

 

 

 

     Case Nine

 

LITIGANTS

 

Supreme Court of Texas.

Gary GROUNDS, Petitioner,

v.

TOLAR INDEPENDENT SCHOOL DISTRICT, Respondent

 

BACKGROUND

 

Gary Grounds, a teacher and a head football coach with a losing record was fired by the Tolar Independent School District. He brought suit against the District for breach of contract and for an alleged violation of his civil rights. After lengthy litigation, the District recognized that it mistakenly failed to give him timely notice and a hearing before he was fired. After settling the breach of contract suit, the coach decided to litigate the tort action. The trial court found “zero†damages on the tort action and rendered judgment in favor of the District. The Court of Appeals affirmed.      

 

FACTS

 

Petitioner, Gary Grounds, was a teacher and a coach for the Tolar Independent School District (the District) during the 1983-84 school year. In February of 1984, the District notified Grounds that his one-year teaching contract would not be renewed. Grounds’ requests for an explanation of the nonrenewal and for a hearing were denied. Grounds appealed to the Commissioner of Education (the Commissioner) who ordered the District to renew Grounds’ contract for the 1984-85 school year.

 

The District declined to either abide by or appeal the Commissioner’s order. Grounds then sued the District, alleging both breach of his employment contract and violation of his right to procedural due process. Grounds claimed that the due process violation arose not from the District’s failure to renew his 1983-84 contract, but solely from its refusal to provide him with its reasons for nonrenewal of his contract and a hearing. The parties eventually settled the contract claim, expressly reserving the due process claim for judicial determination, including Grounds’ request for damages and attorneys’ fees.

 

After a bench trial, the district court concluded that even if Grounds established a due process violation, he sustained no damages as a result. The trial court, accordingly, rendered judgment that Grounds take nothing. The court of appeals affirmed the trial court’s judgment but did so because it concluded that the TCNA does not create a property interest in term contract renewal. As a result, the appellate court did not reach Grounds’ complaint that the trial court’s failure to award damages and attorney’s fees was against the great weight and preponderance of the evidence.

 

DECISION

 

Public school teacher whose term contract was not renewed brought action against school district, alleging violation of due process. The 355th District Court, Hood County, Dan B. Grissom, J., held for school district, and teacher appealed. The Court of Appeals, 827 S.W. 2d 10, affirmed and writ of error was sought. The Supreme Court, Cornyn, J., held that school district’s failure to provide reasons for nonrenewal, in violation of term contract Nonrenewal Act, violated teacher’s due process rights. Reversed and remanded.

                  

DICTA

In this case we consider whether the legislature conferred upon public school teachers in Texas a constitutionally protected property interest by virtue of the Term Contract Nonrenewal Act (TCNA). For the reasons set out below, we hold that the legislature did grant teachers a property interest. We, therefore, reverse the court of appeals’ judgment and remand this case to that court for consideration of points of error relating to damages and attorney’s fees not previously addressed.

         

 

IMPLICATIONS

 

Term Contract Nonrenewal Act (TCNA) sufficiently limits school district’s discretion not to renew teacher’s contracts to create property interest in term contract renewal entitled to due process protection, and thus school district’s failure to provide reasons for nonrenewal, in violation of Act, violated teacher’s due process rights.

 

 

    Case Ten

 

LITIGANTS

 

Robert Johnson – Petitioner

v.

HOUSTON INDEPENDENT SCHOOL DISTRICT – Respondent

 

BACKGROUND AND FACTS

 

Robert Johnson’s continuing contract with Houston Independent School District (HISD) was terminated during the 2000-2001 school year. The reasons for Johnson’s termination were his excessive absences, failure to provide proper lesson plans and grade books.

         

Johnson appealed to the Commissioner of Education. His arguments were that the District’s decision to terminate his contract was not valid because of the lack of substantial evidence. He also argued that the problems regarding his unacceptable lesson plans and grade books could be remediated and the District failed to adopt a standard for excessive absences, when he was referring to his absence on the first day of school without proper notice or excuse.

         

Ample time was given to the petitioner to correct and improve his grading and lesson plans. Because this time frame was given to him, there was no right to remediation, which raised the level of good cause. The Commissioner defined excessive absences as “those absences for which leave under federal and state law or district policy is not properly invoked†which was constituted as good cause for his termination.

                  

                                                 

 

 

 

 

 

 

DECISION

 

Petitioner’s appeal is denied.

                            

DICTA

          .

“Good cause exists for the termination of Petitioner’s continuing contract. Petitioner’s appeal should be denied.â€

 

IMPLICATIONS

 

As a court reporter, where else can I use my skills for a new job?

I am currently a court reporter and want to get out of the field? Does anyone know of another career in which my skills would be needed? I’m thinking maybe a medical transcriptionist or a litigation legal secretary? Does anyone know if I would qualifty?

Get out now – out of the field of Law, while you have the opportunity……………

Jobs in the field of Law are drying up FAST!! This is a SHRINKING vocational field. This is NOT a good field to invest time and/or money in. Many reasons. THE main reason?……..We simply have WAY TOO MANY Legal Professionals – we have a GLUT! (“Legal Professionals” includes, but is not limited to: Attorneys/Lawyers, Paralegals, Legal Assistants, Legal Secretaries, Bailiffs, Court Reporters, etc, etc)

Since there are so few jobs in the field of Law right now, new attorneys/lawyers are having to work “down” (as Paralegals, Legal Assistants, Legal Secretaries, Bailiffs, Court Reporters, etc, etc)

Watch out for the law schools - they will feed you a fairytale. They KNOW the job market/economy is SATURATED. Yet they continue to recruit and churn out even MORE graduates. The root of the problem is that we have way too many law schools than we need (and/or can really use).

Now if you want a JOB with some security, consider and look into the field of HEALTHCARE!

Good luck.

Litigation Paralegal Jobs

litigation paralegal jobs
Can someone help me with my resume?

I have a AAS degree in paralegal studies, but I have been working at a law firm for the past year and a half as a Records Manager. I have always been interested in applying for a position in the courts that require 2 yrs of paralegal or legal secretarial experience, but I don’t have that. I have done some work as a litigation paralegal at my current job before I became the Records Manager, but I don’t have extensive experience in the field. I still would like to apply for this other job, but I don’t know how to fix up my resume.

Also, where on the resume would I put that I am a Notary? I would guess there would be a section for certifications, but I am not sure.

I would imagine that you have secretarial type skills in your current job as Records Manager. Sit down and come up with all the things you do that can transfer to a strictly administrative type job. When you read the job description for the job you want, take the skills requested and if you have them in your background make sure they are the first or second bullet point in your work history.

This is the basic format for resumes.

Objective
Education
Work Experience
Certifications/Other experience (this is where you list programs/software / computer systems / special classes or certifications such as Notary).
“References available upon request.” Should always be the last thing on a resume.

Good luck and if you wish more help, contact me directly.

California Civil Litigation Paralegal Jobs Video

Why Being A Paralegal Could Be Right For You

There are different kinds of duties that a paralegal needs to perform. The responsibilities of these people have increased a lot over the years. There are lots of people these days who wants to go for the paralegal jobs. The duties of these people usually vary according to the office in which they work.

This profession also needs you to be present in the office of an attorney. You can work in any of the attorney offices. You can apply for the jobs and if you have the right degree then you can surely get one of the best possible jobs.

Some of the duties are usually common all over the country. On the other hand some of the duties depend upon the busy schedules of the attorneys. The paralegal people usually assist the attorneys in their work. They help them draft various kinds of contracts.

These contracts include the marriage separation papers, mortgages, trusts as well as wills. You can find the paralegal work in various firms which deal with real estate, corporate law, immigration, criminal law and different kinds of litigation.

The person who chooses this profession must be ready to perform all the paperwork that is required for the cases of an attorney. Other than this, they also need to put the papers together for a brief.

They even need to work on the cases which will have an out of court settlement. He also needs to deal with certain financial matters as well. You must not think that the career of the paralegal workers is anything lesser than the lawyers.

They too need to work very hard to get a position in this field. Other than this post there is a post of legal secretary in some of the attorney offices. But there are certain offices where this post is absent.

In this case the paralegal worker has to perform even the duties of the secretary like typing all the documents and so on. The duty related to the paralegal jobs usually depends on the size of the attorney office. If the office is big then the officer will have certain other people to help him out.

But if he works in small office then he has to do almost everything. People who can work under a great pressure and are well organized and look for this kind of paralegal jobs.

You also need to a good finder of the facts and you also need to make sure that you can take proper direction in your work. People who are unorganized and not serious are usually not meant for this kind of jobs. So choose your career in these jobs very carefully to perform paralegal work.

Litigation Jobs London

litigation jobs london

California and International Celebrity Lawyer On Invasion of Privacy, Advertising Injury, Defamation, and Misappropriation of Name, Likeness and Image

Today, celebrity and workplace privacy is being invaded on a daily basis. The right of celebrities to privacy is constantly being abused through the misappropriation by others of their name (or one confusingly similar to it), likeness and images. The right of publicity, the right to control the commercial use of their identity, is constantly infringed. Celebrity hospital records and other private facts are routinely leaked to the public. Their seclusion or solitude is intruded upon by photographers. And celebrities are constantly defamed by being put in a false light.

Now individual citizens are also having their privacy invaded in the work place by employers who utilize surveillance cameras and computer software programs to monitor their employees and forcing their workers to sign waivers of their expectations of privacy.

For decades, photographs of celebrities have been used in advertising without the permission of the celebrity. Stories in tabloids routinely link them to inappropriate behavior they had nothing to do with, and they are accused of actions they never took. Photos are obtained by using by surreptitious means and their cell phone calls are intercepted.

Anyone can suddenly become a celebrity. But in order to make a claim for the misappropriation of a celebrity’s name, likeness, voice or image, a celebrity needs to show that the defendant used an aspect of the celebrity’s identity, that it was used for a commercial or exploitative purpose and that the celebrity never gave consent for such a use.

If you’ve been the victim of an invasion of privacy as a celebrity or at your place of work, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

Celebrities today include actors, authors, artists, politicians, models, athletes, musicians, singers, television personalities, well-known business executives, and any other of hundreds of types who seek to be in the public eye including reality TV stars. However, to have your privacy invaded, you don’t have to be a celebrity. All you need is a job.

London has in recent years become the venue of choice for celebrities to bring defamation lawsuits, however California is paving the way for workplace invasion of privacy cases. At the law firm of Sebastian Gibson we have over thirty years of experience in California and in London and Sebastian Gibson has law degrees both in the U.S. and the U.K.

Today, damage awards in many such celebrity and invasion of privacy lawsuits are covered in insurance policies under the category of “advertising injury.” The term “advertising injury” covers defamation including libel, slander and product disparagement, infringements of copyrights, trademarks, slogans and advertising ideas or a style of doing business, and may include other violations of intellectual property rights such as the unauthorized use of a celebrity’s name, likeness, voice or image. A violation of a right to privacy is also covered under such policies of insurance as either an advertising or personal injury.

Advertising requires widespread distribution to the public at large. However, with the advent of the internet, almost anyone can cause an advertising injury with the click of the mouse. An e-mail sent to a wide enough audience, an entry on Facebook, a tweet on Twitter can all cause advertising injury, as can a statement contained on a person’s or a company’s web site.

Insurance companies have tried to deny coverage from time to time but in the case where a company is involved, an insurance company must prove both that the policyholder either made the defamatory statement or directed the employee to make it, and that the policyholder had knowledge of the falsity of the statement, a situation which is rarely the case.

Today the right of privacy is also coming to the forefront as more and more employers operate surveillance systems in areas in which their employees have a reasonable expectation of privacy. In an effort to prevent theft, sexual harassment, the viewing of pornography on office computers and the perpetration of actionable civil or criminal acts, employers are in many instances intruding on and invading the privacy of their employees. Employers are using hidden cameras, workplace searches, keystroke monitoring computer programs, e-mail, website and voice mail monitoring, and other software to snoop on their employees while cloaking themselves with the claim that their actions are being done to “protect” their employees.

The constitutional protection against unlawful searches is today being discarded by employers who require employees (who have no bargaining power to refuse) to sign waivers which state that they have no reasonable expectation of privacy in their place of employment.

It is only through litigation that this growing problem can be stopped. With large jury awards and multi-million dollar settlements, those who have in the past failed to respect the privacy of celebrities and employers who have shown disdain for the privacy of their workforce may think twice before installing monitoring equipment and performing illegal searches of their employees’ spaces, computers or monitoring their e-mails, cell phone calls and visits to web sites.

The invasions of privacy that celebrities have had to endure are today being endured by members of the workforce and the public at large. If you’re a celebrity and you’ve had your privacy invaded, or if your privacy has been invaded at work, call Attorney Sebastian Gibson at (800) 589-3202 or e-mail us from our website at www.SebastianGibsonLaw.com

Ocean Power Technologies Signs Historic Stakeholder Agreement for Oregon Wave Energy Project
PENNINGTON, N.J.—-Ocean Power Technologies, Inc. announces that it has signed a groundbreaking Settlement Agreement with 11 federal and state agencies and three non-governmental stakeholders for its utility-scale wave power project at Reedsport, Oregon.

Litigation Support Jobs Chicago

litigation support jobs chicago

Equal Pay and Workplace Flexibility

How Secure Is Your Business’ Information?

On a typical Monday morning, Sandy the CFO of a mid-sized and well known Social & Health Services provider in Chicago has a routine meeting with her staff to cover the weeks  financial priorities.  Usually, the agenda covers insurance claims, funding from the state & federal government, and other matters related to cash flow.  However, the agenda on this Monday was quite different.  The Executive Director asked that Sandy cancel her staff meeting and instead meet with him and another gentlemen who Sandy later learned was an attorney.

Sandy soon learned that the organization she had worked over 15 years supporting was under investigation and potential litigation for HIPAA & privacy violations, as 11 of their patient’s identities were stolen.  How could this happen? The organizations IT Department was able to confirm that the information was printed, but was not able to proactively stop it or notify the perpetrator, that it should not be printed.  Unfortunately, knowing after the fact, doesn’t count.

How did this happen? The organization employs many part-time and volunteer workers throughout its four locations.  Several of them printed documents that contained not just electronic health records, but also personal information such as name, address, date of birth, and social security numbers to open fraudulent credit card accounts at over a dozen on-line retailers.  How can this have been prevented?  Very simple….. Secure Print.

Most organizations perform a below average job in securing confidential documents and information.

What can you do to insure your organization isn’t caught by surprise:

Implementing a rules based printing environment…..

• Lets you know who, where and when sensitive documents were printed
• Significantly reduces the cost of litigation.
• Block printing of certain documents i.e. financial.doc

Don’t let your business get caught by surprise.  Implementing a rules based printing program that has security rules will help you proactively monitor and protect your company’s confidential information.