The National Labor Relations Board (NLRB) has reported that certain complaints about your work environment that are posted on social media sires such as Facebook and Twitter may be considered “protected concerted activity” which an employer cannot legally fire or discipline an employee for engaging in.
The recent report from the NLRB discusses the outcome of investigations into 14 cases involving social media by the agency’s Division of Advice. In four cases in the report, the NLRB found the workers were protected under Section 7 of the National Labor Relations Act because they were discussing terms and conditions of employment with fellow employees.
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‘Twas the week before Christmas and all through firm, the lawyers were working hard before the holiday’s adjourn. Rulon on the phone, and Ranier in a meeting; Ryan in a deposition and Spencer taking new calls with a warm greeting.
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As the courts become increasingly overburdened with escalating caseloads and decreasing staffing, lawyers have searched for cheaper and quicker means to resolve disputes. Mediation and arbitration are two such means for alternative dispute resolution (“ADR”).
In mediation, each side to a dispute presents his/her/its case to a trained, neutral person. The mediator then acts as go-between for the parties, using his interpretation of the facts and the law to help them reach a settlement. However, the mediator does not have any decision-making authority and can only use persuasion to achieve this goal.
In contrast, an arbitrator is a decision maker. Each party first presents his/her/its case to the arbitrator. The presentation is more formal than it is in mediation and, like a trial, it may involve examination and cross-examination of witnesses. The arbitrator weighs the evidence, interprets the law, and makes a ruling regarding liability and damages.
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As you begin to accumulate wealth, you should consider various means to protect yourself from claims of creditors. There are a variety of ways to do so, but you must act in a timely manner. Once there is a foreseeable creditor claim against you or your assets, it may be too late to take any action to protect your assets.
How does a creditor claim arise?
You may become liable for a breach of contract or for a claim against a guaranty you provided for the debt of someone else. You could be subject to domestic relations proceedings (such as, unpaid alimony or child support). You could be found liable for injuries you caused to someone else (e.g., a car accident or professional malpractice). These are just a few means in which a creditor’s claim could arise against your assets.
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WARNING! You may be underinsured. It happens all the time. Attorneys at Bogin, Munns and Munns, counsel clients who have experienced loss for which they cannot recover. There are three reasons for this and one way to avoid it.
The first, most obvious reason is that in tough financial times, it is easy to adjust your personal or commercial insurance policies to minimum coverage or no coverage at all to reduce or eliminate those burdensome monthly premiums. If you believe in your lucky rabbit’s foot, that may work, but if your rabbit’s foot is an imitation, you could be stuck with devastating losses to your home, your vehicle, your person or your business. In addition, Florida law only requires, in some instances, minimal insurance coverage in some instances, so you cannot rely on another person to make sure you are properly insured. Bogin, Munns and Munns can assist you in reviewing your insurance portfolio and while we cannot write policies or issue coverage, we can very quickly help you determine if you are underinsured.
The second reason clients experience loss is that they either did not read or interpret their insurance policy correctly. Insurance policies can be difficult to read or understand. The reason is that the insurance industry is governed by extensive laws and regulations. To comply with those laws and regulations, insurance contracts often contain words, concepts and terms of art that the every day folks are not familiar with without guidance. If you cannot understand your policy, you may not be getting the coverage you expect. For example, if you purchase a specific type of coverage such as protection from theft for your business, you need to be aware that, as with any policy, there will likely be exclusions or situations in which your insurance company will not pay for theft if it occurs. Bogin, Munns and Munns can review your policies and advise you of your exclusions to determine whether you are getting the coverage you need.
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