Survey: 68% Feel They Have Achieved or Will Achieve to American Dream - With a Little Help

The attached Article from HuffPost discusses the findings from a recent survey of Americans.

As the article discusses, statistics logically must be more rooted in our collective belief in the American dream than on present economic conditions.  Yet, just as a person's optimistic views on recovery from a serious health condition are all important, so too is our belief in econmic recovery. 

What do the people want?  Roughly 80% want the Government to take a more active role in stimulating job growth and opportunities.  I am not surprised and, as I suggested in a post earlier this morning (discussing the plight of the unemployed 25-54 year-old male American), tend to agree with that sentiment.
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Hottest Jobs for 2011 College Graduates

Not long ago, we posted Articles forecasting the very best and worst industries for college students to target for future job opportunities.

Predictions are helpful.  But what of reality?  A recent Article from the Philadelphia Inquirer cites statistics for college graduates for years 2007-11 that are very revealing.

In 2011, jobs have been most plentiful in the following sectors:  business/accounting, engineering, food, pharmaceutical and computer manufacturing; construction; oil and gas extracting companies.  These are, of course, mostly private-sector employment opportunities.

Public sector job opportunities are far less plentiful.  Hence, liberal arts and education majors (i.e. potential public school educators) are down.  Jobs in education are really scarce (with one school reporting that only 19% of their education majors received job offers). Degrees in industries rendered increasongly obselete by the Internet (such as journalism) are also of limited value.

The message?  In order to find a job, it is best to have a specialized skill that lends itself to producing a product (a web site design, an economic forecast, a blue print, a formula).  Soft skills (the ability to teach, read or write) are not in strong demand right now.
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Outlook Brighter for 2011 College Graduates

This recent Article from the Philadelphia Inquirer indicates that the news is brightening for 2011 college graduates.  The news is good, and hopefully is indicative of economic recovery. But, it is not all good.

First, the good news.  According to the article, hiring of 2011 college graduates is up 19.3% over that of their 2010 counterparts.  Starting salaries are up 5.9% (to $50,462) from last year.

Now, the bad news.  One person's meat is another's poison.  The success of the 2011 class will undermine the existing problems for those who graduated in between 2007-2010, many of whom remain without a meaningful first-time post-undergraduate job. 

In fact, the Article states, 50% of those graduating in between 2007-10 don't have full-time jobs at all, and only roughly 30% are working full-time in their field of choice. Wow! The ripple effect is also quite notable.  In addition to the absence of spending by the unemployed in this age bracket, 1 in 6 people age 26-29 either live with their parents are getting assistance from them for their rent or mortgage.

We have in the past posted a number of Articles offering Tips for college students on how to find gainful employment.  Click Here to jump to that post. 
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One in Five Men Age 25-54 Do Not Have Jobs

This Article from the Philadelphia Inquirer examines the plight of the middle-aged American male.  It cites National statistics indicating that 1 in 5 American men age 25-54 do not have jobs (it was 1 out of 20 in the 1960s).  The Article suggests that the statistics for men without college educations are even more disconcerting.

The numbers for African American men in that age bracket in the Philadelphia area are even more dire. The Article says thirty percent of African American men aged 24-54 don't have a job to go to.  If you are a male African American without a High School education (something more acceptable in the 50s and 60s when the region was overflowing with industrial job opportunities), then the numbers in Philadelphia are 1-3.   

To make matters worse (and those words truly do not do justice to this situation), some experts opine that many men aged 40-60 without college educations who are not working now may never work again.  I don't think you have to be an expert to draw that sad conclusion.

Simply stated, how can our Nation survive such a situation?  How can we stand by and allow this to happen?  What can be done? The economic impact, the psychological impact, the societal impact, all are devastating.

I wish I had answers, but of course I don't. Thoughts, I have.

Federal government-sponsored relocation packages for those willing to move to more job-friendly regions.  Starting your own business (government lending programs for new business owners are available).  Reducing the City of Philadelphia's exorbitant taxes to stimulate job growth. Passing a City Ordinance making it illegal to discriminate against those with criminal records (financial duress and despair/hopelessness can lead to crime, no matter your skin color or upbringing - they shouldn't, but they do), a history of unemployment or bad credit. Increasing the number of state or locally-funded public utility projects (fixing roads, rehabbing buildings, etc.)

We all win when we all work.  We all lose when we don't all work. It really is that simple.

Have thoughts on how we can constructively address this situation?  Please post a Comment.
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Time is Money or Money is time?



(The author is a financial planning coach, founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Mail him at:  finplancoach@gmail.com)





Time is money or Money is time?






"Time is money says the proverb, but turn it around and you get an interesting truth. Money is time" 



Yes. Money is time.... Making money or not making money is decided by the time factor. Let's see how time plays the role of a benefactor and a punisher. Because the power of compounding is @ work very very silently.


Time Mantras for Money:


Mantra 1 - Time ripens Money:


Consider this classic example:

100 shares of INFOSYS issued in the IPO in 1993 valued at Rs 9,500 would have become 12,800 shares valued at a whopping Rs 4.15 crore as on March 31, 2011. This is an astounding annual compounded growth rate of  59 %, with a total gain of 464,422 %. Money too follows the law of nature; it ripens over the period of time.Power of compounding is @ work very very silently......


Mantra 2 - Time multiplies money:





Time can multiply the money multifold.... Take a look @ this example:

Three friends aged 50 review their investment strategy.
A started investing @ 30 years with one lac @ 15% returns. B started investing @ 35 years with one lac @ 15% returns. C started investing @ 40 years with one lac @ 15% returns.

Take a look @ the result; you will be amazed...@ 50 years

@ A would have got Rs 16,36,900
@ B would have got Rs   8,13,800
@ C would have got Rs   4,04,600

With identical investment and returns, A got 4 times more of C and 2 times more of B. And the difference in time is about 10 years and 5 years respectively.

The time made all the difference...


http://mymoneyavenues.blogspot.com/2011/02/amazing-story-of-three-friends.html 


http://mymoneyavenues.blogspot.com/2011/02/amazing-story-of-three-friends-part-2_2996.html 


http://mymoneyavenues.blogspot.com/2011/02/amazing-story-of-three-friends-part-3.html 


Mantra 3 - Time rewards planners:








It's very true that we are all busy with our work and careers. But it's important that we spend some time to make our financial plan. Time surely rewards the planners. In the previous example, we saw A starting @ 30 years, B @ 35 years and C @ 40 years. Just by planning early, A got 4 times of C and 2 times of B... That is the reward Time gives the people who plan well.



Mantra 4 - Time punishes procrastinators:






While Time rewards the planners, Time is also ruthless in punishing the procrastinators. In the above example, C makes 4 times lesser than A and B makes 2 times lesser than A. The difference is huge and massive considering the fact that the investment amount and the returns are identical for all the three. But the difference here is the TIME.



That's why I said Time is ruthless in punishing the procrastinators.



Mantra 5 - In all, money is time:






We have demonstrated examples to show Money is indeed Time... Money is best managed if started early; time can be highly beneficial for early starters. Time can also be ruthless in punishing the procrastinators. That's why Money is Time because the power of compounding is @ work very very silently.

Call the experts @ Money Avenues to make time work for you and for your money's advantage.





(The author is a financial planning coach, founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Mail him at:  finplancoach@gmail.com)



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Achieve financial freedom in a week......




(The author is a financial planning coach, founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Mail him at:  finplancoach@gmail.com)




Achieve financial freedom in a week...... YES.... In a Week...






Day 1: Review your life insurance cover






Review your insurance cover comprehensively.... Human life is invaluable. But, life insurance is the legacy one leaves to his family in his absence. Therefore, @ any point of time a person should be covered atleast 10 times of his annual income to ensure his family is fully secured always. Let's assume, If the annual income is Rs 10 lacs, the person should have Rs 1 Crore cover.



Day 2: Review your Health insurance cover





Review your health insurance cover for your family. Health costs are rising up and If the cover is provided by your organization, review the adequacy of the cover. Nevertheless, It's always better to have an additional cover which will be handy during the times of crisis.




Day 3: Review your saving habits:






  • Am I saving the right way? 
  • Is my saving = my EMI ?
  • Is my saving getting invested the right way?

Some thoughts on the savings....




Day 4: Review your investments:




  • What am I doing with my savings?
  • Is my money lying idle in the bank earning dismal returns?
  • Am I investing a regular sum every month?
  • Can my money work harder to earn better returns?
  • Am I investing my money rightly?   
Remember, saving your money is just one part.... But the most important aspect is investing your money rightly.....




Day 5: Review your financial goals: 



  • Have I identified financial goals to achieve?
  • Are the goals on track and in order?
  • Do I have a goal for my child's future?
  • Do I have a goal for my retirement?
  • Have revisited them recently?
  • Do I need to make changes?

Day 6: View or review your financial plan: 




  • Do I have a financial plan for my financial freedom?
  • Do I have a plan for my child's future?
  • Do I have a plan for my retirement?
  • Do I have a comprehensive plan to support my financial goals?


Day 7: Else, Call a financial planner NOW: 




When time is the constraint, work is hectic and financial planning is such a maze, it is tough to really focus and do such a comprehensive review... Leave this to a financial planning professional who would this job of assisting you in making a financial plan and make your money work as hard as you.......





You do your work, let the financial planner do his work on your quest to financial freedom.......




(The author is a financial planning coach, founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Mail him at:  finplancoach@gmail.com)

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Section 402(e) of the Pennsylvania Unemployment Law - What Does It Mean?

We have addressed this and many other questions in our comprehensive (and ever expanding) answers to Pennsylvania Unemployment FAQs. Click Here to jump to that page.


We hope that you find the information helpful!

John A. Gallagher, Pennsylvania Employment Lawyer.
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Section 402(h) of the Pennsylvania Unemployment Law - What Does It Mean?

We have addressed this and many other questions in our comprehensive (and ever expanding) answers to Pennsylvania Unemployment FAQs. Click Here to jump to that page.


We hope that you find the information helpful!

John A. Gallagher, Pennsylvania Employment Attorney.
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What Happens to My Pennsylvania Unemployment Benefits If I Engage in Self-Employment?

We have addressed this and many other questions in our comprehensive (and ever expanding) answers to Pennsylvania Unemployment FAQs.  Click Here to jump to that page.

We hope that you find the information helpful!

John A. Gallagher, Pennsylvania Employment Attorney.
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How Do I Prepare for a Pennsylvania Unemployment Hearing?

We cover all of the basics, and a little more (hearsay, sequestration, etc.) - just Click Here.

John A. Gallagher, Philadelphia Area Employment Lawyer
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Financial planning for 55/45 life situations...



(The author is a financial planning coach, founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Mail him at:  finplancoach@gmail.com)





"At the end of the day, this was still a 55/45 situation" 
"And so if it turns out that it's a wealthy, you know, prince from Dubai who's in this compound, and, you know, we've spent Special Forces in -- we've got problems" -- US President Barack Obama's comments post Osama's hunt....







President Obama's comment sums up the life message. Life will offer 55/45 situations and we can still be successful if they are handled the right way; that the life never gives us opportunities which can be 100% sure; they always come with an element of uncertainty. But the key message is the conviction; though he gave a 55/45 chance even when it was decided to go for the mission. Of course the mission had a precise GOAL & TARGET and a  METICULOUS PLAN and RELIABLE RESOURCES to back it up. The result is there for all of us to see........ 


The key takeaways from this are a) setting precise goals b) setting precise targets c) reasonable forecasts d) constant tracking e) employing the best resources for the task.


Same principles apply in our lives too.. None of the situations offer 100% chance. It can be 55/45 situations many a time in our lives. But one should never fail to plan for situations which occur in our lives... Without planning  is like saying we'll land there and plan for the operation....



Financial planning is a tool which is a must for any life situations; be it 100% or 55/45....



1. Setting precise financial goals:







First basic ingredient in making a good plan is to clearly set the goals.. It can be your retirement, or your child's future planning or owning a home or any other goals.. And they must be very specific and measurable goals in order to achieve them financially.


2. Work on precise targets:

Goals should have measurable and time bound targets to make them meaningful and worthwhile. The entire financial planning concept works around the goals and targets. Some of them could be: buy a house in next 3 years; plan for child's education - 10 years; retire in 15 years... So on



3. Reasonable forecasting, a must: 




However uncertain life may be, we still can reasonably forecast our needs and wants, if not accurately. It's important that we spend some time and do home work  to understand our needs and wants, which will form the basis of our goals and targets for the future.



4. Keeping an eye, always:





It's highly important that you keep an eye always on the goals and targets after identification; because they keep changing over the time as the life in general has become very dynamic. What you planned 5 years ago may not be relevant today. It's better one keeps reviewing the goals and targets just to check if the plans are on sync with them.


5.Engage a professional financial planner: 



Financial planning is best left to an expert, whose job is to assist the clients on their future planning. It's true that you are very very busy in your work and profession, which leaves little time for your personal financial planning. Remember, planning is one part of the process, but tracking is a critical part in the on going process.

Only perfect financial planning will safeguard you for the 55/45 situations in your life...

(The author is a financial planning coach, founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Mail him at:  finplancoach@gmail.com)

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Can I Collect Unemployment in Pennsylvania If My Business Fails?

Business Owners Who Run Their Own Company May Not Collect Unemployment in Pennsylvania

If you are either a business owner of, or a controlling principal in, a business that fails, you may not collect Unemployment Benefits in Pennsylvania. I am not sure why this is the case, but it is the law, and generally there is no way around it.

Here are some issues and/or exceptions to the rule to be aware of:

If you have a full time job, and are also a business owner, and you lose your full-time job, you may still be eligible to collect Unemployment Benefits.  You win benefits in such a case by proving that, although you are a business owner, your main income was through the job that you lost.  In essence, in such cases one makes a "Sideline Business" argument.

Here is how the situation comes about. 

You are fired from your job, and file for unemployment.  In making your application (or in making subsequent applications for benefits every two weeks), you identify that you do some work as owner/operator of the business that you owned all throughout your employment with the company that recently terminated your employment.  Advise unemployment that you have owned your business for a while, and that it has never been and is not now your primary source of income.  Inform unemployment further that you have not increased the amount of time or effort spent owning/operating your business since you became unemployed.  The Unemployment Service Center should determine that you are eligible for unemployment on the grounds that your ownership in your own business constitutes sideline employment.

If the determination of the Service Center goes against you on this point, file an appeal and obtain a Hearing before an Unemployment Referee.  The Sideline Employment argument is somewhat technical, so you may want to retain counsel for the hearing.

With regard to the "controlling ownership" situation, this test is even more technical.  Sometimes people who were once controlling owners in a business lose their control to investors, or via dissolution of stock ownership.  Again, the key is to tell the Service Center the facts and, if you disagree with their determination, file an appeal and obtain a hearing before a Referee.

Have other questions concerning Unemployment Benefits in Pennsylvania?  Click Here to read our answers to FAQs.
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How Do Obtain the Documents I Need for My Pennsylvania Unemployment Hearing?

I Have an Unemployment Hearing in Pennsylvania, What Can I Do to Prepare?

The process of obtaining documents before the start of an Unemployment Hearing is known as "discovery."  In Pennsylvania, one does not have a right to discovery prior to an Unemployment Hearing.  However, there are some limited opportunities to find out what your employer is going to say, and what documents it is going to produce, at your Hearing.  Click Here to find out about how do engage in limited discovery before your Hearing.

Best of luck.

John A. Gallagher, Esquire.
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Can I Conduct "Discovery" Before My Pennsylvania Unemployment Hearing?

CAN I FIND OUT WHAT MY FORMER EMPLOYER IS GOING TO SAY BEFORE MY PENNSYLVANIA UNEMPLOYMENT HEARING?

Discovery is the process of learning about the other side's case prior to a Hearing. Typically, there is little opportunity to conduct discovery before an Unemployment Hearing. Here is what you can do: Your file is delivered to the place where your Unemployment Hearing is going to be conducted within a week or so of the Hearing (call ahead before you go to be sure it is there - the number of the Hearing office is on your Notice of Hearing). You may go to the Hearing location at any time, present your Notice of Hearing, and review your file. Although you cannot copy any documents in the file, you may review and take notes of what it contains.

What should you look for? The Employer's Questionnaire, which will include answers provided by your ex-employer to the Service Center that will detail your employer's position on your claim. The file may also include documents that your former employer submitted to the Service Center to "prove" its case.

You may ask the Referee that will preside at your Hearing to issue a subpoena to any witnesses or document that you believe would help your case. In our experience, these requests are rejected more often than not (thus providing a possible avenue of appeal - if the evidence you sought was not made available at your Hearing, and it may have been critical, the Unemployment Board of Review may compel the issuance of the subpoena and grant you an additional Hearing).

Bear in mind, though: subpoenas to your former co-workers are typically not going to be helpful - your former co-worker is still employed, and is likely to be resistant when asked to provide testimony that is against their current employer's interest.

Have more questions concerning Pennsylvania Unemployment Benefits?  Click Here to read our answers to FAQs.

Thank you for stopping by and hope you found this helpful, John A. Gallagher, Esquire.
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How Do I File and Win a Claim for Pennsylvania Unemployment Benefits?

Over the years, we have developed an idea of the most common areas of dispute and uncertainty arising in Pennsylvania Unemployment matters.  We have published a comprehensive analysis of those issues, which we continue to update regularly.  Click Here to read our answers to FAQs,

Please post a comment setting forth additional questions you have. We will address them, and add them to the list!

Thanks, John A. Gallagher, Pennsylvania Employment Lawyer.
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iSHIELD your financial future in seven ways....



(The author is a financial planning coach. Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Mail at:  finplancoach@gmail.com)


iShield your financial future:









Inflation is on fire...The recent rise in fuel prices came as a rude shock for the common man and affluent alike. On the face of it, the rise is in only in the fuel prices. But the cascading effect will be felt all across the economy in various spheres. The rise can be felt in our day to day life starting with our food and vegetable prices, our daily commute and other services which are utilized. That's the impact of Inflation. When we look to plan our financial future we must consider the effect of inflation on our plans very carefully. Consider the following examples:

  • Cost of college education now assumed @ Rs 7.5 lacs; after 15 years Rs 61 lacs.
  • Cost of foreign education now assumed @ Rs 15 lacs; after 15 years Rs 1.23 crores.
  • Wedding cost now assumed @ Rs 7.5 lacs; after 20 years Rs 1.23 crores.
  • To retire now if one needs Rs 25 lacs, after 20 years Rs 4.10 crores.
The above future costs are based on assumed expected rates of growth of costs over the years and they are present a fair picture of things to come.


India, as we all know is on the verge of a viable long term economic growth journey. In any growing economy, inflation tends to be on the higher side given the fact that the consumption and spending increases substantially alongside the vibrant economic growth.



iShield or inflation shield your financial future in seven ways: 




1. Money should work as they do not grow on ZZZZZs:






Money neither grows nor beats inflation if it sleeps in a bank A/C.. Money should be deployed effectively to earn higher returns and most importantly should be able to beat the inflation over the longer run...After all its your money and it should work as hard as you.



2. Start investing early:





It's important to start investing early as the power of compounding (POC) is @ work very very silently.... POC is an effective and powerful tool to tackle the rising inflation and make better returns over the longer horizon. 



3. Start investing rightly:




Starting early alone is not important; the investing should be done rightly to take the long term advantage.

Consider this classic example:

100 shares of INFOSYS issued in the IPO in 1993 valued at Rs 9,500 would have become 12,800 shares valued at a whopping Rs 4.15 crore as on March 31, 2011. This is an astounding annual compounded growth rate of  59 %, with a total gain of 464,422 %.

Just investing is not enough, investing right is important to beat inflation and earn higher returns.



4. Fully insure @ the earliest and do it NOW:



Fully insure your and your family's health and life to the fullest possible extent and at the earliest. The delay will come at a definite cost owing to inflation and the age factor. Buying insurance @ early stages gives you the benefit of higher cover @ a lower cost...




5. Secure Children's future NOW:





Consider these points:

  • Cost of college education now assumed @ Rs 7.5 lacs; after 15 years Rs 61 lacs.
  • Cost of foreign education now assumed @ Rs 15 lacs; after 15 years Rs 1.23 crores.

The future cost of education could be mind boggling... both Indian and overseas. Its ideal to plan right now to tackle the future costs very effectively.




6. Secure your retirement NOW:




To retire now lets for a moment assume if one needs Rs 25 lacs, after 20 years the same would translate to Rs 4.10 crores. And that's inflation for you..... So start the plan now....



7. Make your financial plan NOW:










 A disciplined and well thought out financial plan outlining your financial goals and objectives is the right tool to take on inflation which is purely not in our control... A well made plan can fairly take you to the planned destination.


Rely on a financial planning coach to make a sold financial plan outlining your financial goals and objectives to take care of your financial future...








(The author is a financial planning coach. Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Mail at:  finplancoach@gmail.com)

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World's Most Powerful Young Women?

Click Here to view Forbes' Rankings.  If you want to see the list of the 100 Most Powerful Women in the World (who wouldn't?), Click Here.
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Pennsylvania Service Center for Unemployment Claims - Who Are These People, Anyway?

The Service Center is the place where claims for unemployment are initially administered.  The two main offices in Allentown and Erie.  The Service Center representatives are reasonably well-educated people.  Perhaps the most important thing they do is make initial determinations into whether or not applicants for unemployment are entitled to benefits.

Service Center representatives are a lot like insurance adjusters.  The Unemployment Fund is largely comprised by contributions made by employers and employees throughout the state.  Thus, the Fund is analogous to an insurance policy - which is primarily funded by premiums paid by customers. 

Since Service Center representatives are like insurance adjusters, they often fall into one of two camps: 1) conservative with the Fund; or, 2) liberal with the Fund.  That is why two different people with virtually identical claims may receive different decisions from the Service Center.

The key thing that Service Center representatives do is collect information from employers and employees as to why the employment relationship ended, and then issue a decision, called a Notice of Determination, setting forth whether benefits are granted or denied.  Either side then has 15 days to appeal the Notice of Determination, which automatically results in a Hearing before an Unemployment Referee.

NOTE:  Do not confuse the Notice of Financial Determination with the Notice of Determination.  Everyone gets an NFD, and it merely tells you how much in benefits you will receive if benefits are granted.

If no one files an appeal from the Notice of Determination, the decision of the Service Center becomes final.

NOTE:  If you do not appeal from the Notice of Determination within 15 days, any right you have to appeal will be lost.  IT IS VIRTUALLY IMPOSSIBLE TO FILE A LATE APPEAL FROM A NOTICE OF DETERMINATION.  That is why it is important that you keep an eye out for the NOD.  The Notice of Financial Determination always comes within 1-2 weeks of your application.  The NOD may come much later.

If an appeal from a Notice of Determination is filed, a Hearing before a Referee will be conducted in all cases.  When this occurs, the decision of the Service Center is basically annulled; it has no relevance or persuasive value to the Referee.  The Referee is in no way required to consider, much less rely upon or follow, the reasoning or decision of the Service Center representative found within the Notice of Determination.

Click Here for a detailed discussion of the most frequently asked questions about Pennsylvania Unemployment law.
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Ten Jobs With High Depression Rates

Here is a depressing list.....Make no mistake - if problems at work are dragging you down, you are not alone.  We seek counseling when major things in our lives make us feel bad.  That is why I sometimes suggest to my clients that they seek out someone to talk to when they are in the dumps about a bad situation at work.
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Forbes List of Most Powerful Celebrities

I know, I know, this list has absolutely nothing to do with employment law!  However, all work and no play make Jack a dull boy....

Gaga holds off Oprah and the Biebs.  Jolie wears pants in family.  King James dunks Kobe.  Sir Elton easily tops Sir Paul. Sheen high over Lorre - and Downey.  ARod over the Jetes.  Letterman still rates over Leno.  Tiger aces Phil.  Depp too cute for Lenny.  Rush gets vote over Beck.   Read all about it!
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Using Facebook at Work - Employer's Justification for Firing Does Not Pass Straight Face Test

Today, TLNT published the attached Article discussing whether use of the Internet while at work can constitute a "crime" under the Computer Fraud & Abuse Act.  The TLNT post discusses a recent decision by a federal court in Florida, Lee v. PMSI, Inc., which held that an employee who uses Facebook and sends personal e-mails while at work does not violate the CFAA, and therefore the employer's counterclaim was thrown out of court. 

I am not surprised at the portions of the decision discussing the CFAA. This was an excellent, but righteous, victory for plaintiff's counsel [very bad defense strategy, in my view, as discusssed below]. 

What I find more striking, however, are the facts underlying the dispute.

We have in the past blogged about the use of Internet at the office, and how employers are with increasing frequency citing and relying upon such use as a justification for firing a [disfavored] employee.  We have posited that this is occurring with increasing frequency, and that firing employees for using the Internet is a very poor strategy for employers.  In fact, we even suggested a few months ago that employers would attempt to use the CFAA as a basis for justifying their terminations.

The above scenario is exactly what happened in the Lee case. We have obtained a copy of the pleadings/motions filed in the case, and they are revealing.

The employee sued for pregnancy discrimination, alleging she was fired 3 months after she advised the company that she was pregnant.  The employer contended that it had a "legitimate, non-discriminatory reason" for her firing: she had used Facebook while at work and had also used the company's computers at work to log on to and use her personal e-mail account.  Not only that, it filed a counterclaim against the plaintiff, seeking damages from her for her violations of CFAA.  It seems plain to me that either 1) the employer planned to lean on the alleged criminality of the employee's actions from the very beginning; or, 2) that the employer's attorney came up with this bright idea on his/her own [I can assure you that the ordinary jury will not find the employer's heavy handed tactics very attractive].  The counterclaim has now been tossed.

So far, there has not been much discovery in the case, so it is unclear exactly how and when the employer discovered the employee's use of the Internet, although it seems clear that it happened several months after she advised the company she was pregnant.  Also, reading between the lines, it does not appear as if the employer is maintaining that plaintiff did anything inappropriate, i.e. post a negative statement about her boss, surf for porn, e-mail sensitive corporate documents to herself, etc.  Rather, it appears that the employer is alleging that her mere, garden-variety use of the Internet at work for personal reasons justified her termination.

In my estimation, as discussed previously, this is a real bad defense.  Why?  If plaintiff merely did personal, inoffensive networking/communicating while at work, it should be pretty easy to prove she was singled out for termination.  Why?  Because I am confident that discovery will disclose that many employees and managers have done the very same thing while employed at PMSI.

We will continue to monitor this case, and report when we have learned more. 

For now, the lesson is that you as an employee should avoid doing personal business while at work.  However, just as we sometimes need to call the electric company or our mother during work hours, eliminating such use completely is probably unavoidable.  As for employers, relying upon ordinary Internet usage as a basis for terminating an employee in a protected class is a real bad move.  I would go so far to say, HR representatives and managers, people in glass houses shouldn't throw stones!  Or even, let he/she who has not sinned cast the first stone!
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Can I Get Fired if I Take Short-Term Disability Leave?

Actually, this question, which I hear a lot, kind of misstates the circumstances.

"Short-term disability leave," per se, does not exist.  If you need to miss work because of sickness, injury, etc., you may be eligible for short-term disability insurance - the premiums are paid for by the company and the benefits, which typically approximate about 2/3rds of your pay, are paid by the insurance company. 

However, short-term disability insurance companies have no control over whether you will get to keep your job if you need to miss work. 

In general, in Pennsylvania there is one law, and one law only, that protects you from being fired if you need to go out on "short-term disability leave."  It is the Family and Medical Leave Act.  Click Here for a comprehensive examination into the interplay between FMLA and short-term disability insurance.  This article also provides links to numerous helpful articles about how FMLA works.

Although short leaves are available under the Americans With Disabilities Act, it is usually FMLA that provides the greatest job security for the longest period of time. 

Many companies have a "short-term disability leave" policy, a title that actually kind of mixes apples and oranges.  In any event, the key thing to remember about company policies is that - companies are under no legal obligation to follow them!  Also, if you look carefully at most of those policies, they don't say anything about guaranteeing your job back when you return.  Moreover, even if they did - such policies are not enforceable under state or federal law.

The only true protection one has from being fired for taking "short-term disability leave" is if you are protected under FMLA. 

Hope this was helpful!  John A. Gallagher, Pennsylvania Disability Lawyer
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Philadelphia Area Lawyer Provides Definition of Illegal Discrimination

Click Here to read a simple, yet comprehensive, discussion of what illegal discrimination is.
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How Does Unemployment in Pennsylvania Work?

We have spent years trying to figure out the answers to your most commonly asked questions concerning PA Unemployment.  Now, we have published them as a community service.  Click Here for the questions and, more importantly, the answers! 

Please post a comment setting forth additional questions you have.  We will add them to the list!

Thanks, John A. Gallagher, Pennsylvania Employment Attorney.
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I Have Received a Claimant Questionaire from Pennsylvania Unemployment

How do you answer this confusing form?  Why has it been sent to me?  What is going to happen next, and when?

Click Here to find out.

John A. Gallagher, Philadelphia Area Unemployment Lawyer.
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FMLA Leave for Pennsylvania Employees

Pennsylvania does not have a state law that provides protected leave for employees who need to miss work due to the birth of a child, or because they or a close family member have a serious health condition. 

However, employers in Pennsylvania must follow the requirements of the federal statute, the Family and Medical Leave Act of 1993.  We have written a number of articles concerning how FMLA works.  Click Here for a comprehensive discussion of FMLA, which we hope you will find helpful.
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