Financial "Amygdala"

(The author is the Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Feedback can be sent to mailfpc@ yahoo.com) 

Financial "Amygdala"...

What drives us to worry, fear and feel anxious about our financial future?

Though there are many drivers for people to plan their financial future, one significant reason is the "Fear"; worries and anxiety caused by fear about one's financial future. 


Human brain is a powerful creation which processes  tonnes of our thoughts and sends out appropriate and many times inappropriate reactions. Fear reaction is created by specific portions inside our brain called "amygdala", which means almond in latin.

-- There are some interesting studies conducted on human beings on the human fear factor. 

Recently, a 44-year-old woman who doesn't experience fear has led to the discovery of where that fright factor lives in the human brain. Researchers put out their best foot to try to scare the patient, whose name they refer just as "SM" in their write-up in the issue of the journal Current Biology. Haunted houses, where monsters tried to evoke an avoidance reaction, instead evoked curiosity; spiders and snakes didn't do the trick; and a battery of scary film clips entertained SM.

The patient has a rare condition called Urbach–Wiethe disease that has destroyed her amygdala (latin word meaning almond), the almond-shaped structure located deep in the brain. Over the past 50 years studies have shown the amygdala plays a central role in generating fear responses in various animals from rats to monkeys.

For most of us, fear seems like a negative emotion, one that stresses us out and inhibits us from trying things that might make our life more rewarding. But as the Current Biology paper makes clear, SM's fearlessness has cost her a great deal. On the most obvious level, it has left her vulnerable to all kinds of dangers. She lives in a dangerous part of a big city, and several times she has walked obliviously into potentially violent encounters. One time, she was held up at gunpoint; another time, a drug addict accosted her and held a knife to her throat. Intriguingly, though she did not feel scared during those encounters, she did report feeling angry and upset afterward. Her emotional deficit is quite specific. --

But one need not worry about this. If one has fear, worries and anxiety in the right levels it's just being a normal human being.

In essence, every one has a sense of fear and anxiety; and those are not negative as supposed to be. As seen in the case of SM, the patient went through tougher times for not feeling scared. But this is just an aberration. Human beings tend to feel fearful and anxious in different degrees. And that factor really drives us to worry about our future.

What do we fear about?

We fear, worry and feel anxious about our 

• Our careers. 
• Our money.
• Our physical lives.
• Our financial life after retirement.
• Our children's future.
• Our family's health.
  

 And these are worrisome because of the financial implications caused by them. And we tend to balance these factors by enjoying the present by shopping, planning a vacation, buying expensive things and seeking spiritual solace.... The financial crisis in 2008 taught us few things. One key learning is that the world is not going to be the same again in the economic sense. 9/11 taught us one thing. The world is not going to be the same again in terms of safety of lives.

What do we do to mitigate these factors which are fear, worry and anxiety caused by money:

We don't have control on many of these things which are created by forces in the world like economic crises, inflation and global security risks. But what we can
control is through our structured planning.

Control the Controllables:

Have a structured financial plan covering your life, investments, your future goals and goals for your kids... The planning can mitigate these risks. And remember, planning is like taking safety precautions on a flight journey. 

Plan for your -

• Life insurance.
• Wealth creation.
• Retirement.
• Children's future. 

Bottom line is that we all have "Amygdala" portions in our brain which makes us fearful, worrisome and anxious on things and they are just normal. And we don't have tools to prevent them, but we can certainly mitigate them.

Speak to Experts @ Money Avenues for your  i S.M.A.R.T financial plan and have worry free financial future.


(The author is the Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Feedback can be sent to mailfpc@ yahoo.com) 

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/financial.html. Thanks!

i S.M.A.R.T for your future...

iS.M.A.R.T for your financial future:

As I write my 100th blog entry, highlighting it just as a matter of statistical delight, primary objective through my blog is to create awareness about our personal money management. And particularly on saving and investing. Awareness becomes paramount as we live in a completely different generation compared to the past. Our careers are shrinking, lifestyles are rapidly changing, risks are shooting up, children are becoming extremely ambitious about their future. All these factors and many more demand a better management of our money. Simply put, one's money should not snooze in the bank @ 3.5% savings account. Your money is hard earned and it deserves a better treatment. I love to highlight,"You work hard for your money, let your money work harder for you"....

I leave a video of the World Gold Council's ad which is equally relevant to money management...


http://adsoftheworld.com/medi /tv/world_gold_council_diwali_2011


Investing and financial planning is just this way..... You should not land in a situation in the future which may squeeze your finances. Plan it ahead and plan it better and Plan the iS.M.A.R.T way for your greater financial future.

Luxuries do not assist your financial goals. ipads, ipods of the world may get outdated in a shorter time. But the seed you sow now for your and your family's financial future will turn out to be a banyan tree after several years if planned well.


In a nutshell -

• Have adequate life insurance.
• Plan to create long term wealth.
• Plan for children's future.
• Plan for your retirement.
• Importantly, don't allow your money to be lazy. Make it work hard, as hard as you work for your money...

Speak to experts @ Money Avenues for your iS.M.A.R.T financial plan....

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/i-smart-for-your-future.html. Thanks!

Occupy Wall Street Mission Statement and Call to Action

Click on the Links to read the OWS Call to Action, and the OWS Mission Statement.

If you want to see and feel the Vibe of OWS, Click Here.  We traveled to Zuccotti Park on October 14, 2011 and tried to capture the essence of the Movement.

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/occupy-wall-street-mission-statement.html. Thanks!

We Traveled from Philadelphia to Occupy Wall Street

On October 14, I took my sons out of school and we went to Zuccotti Park to see what exactly Occupy Wall Street was all about.  Boy, did we get an eyeful and an earful!

Click Here to read my account, and to see our pictures and videos.  We put you right there, so you can feel the Vibe.

John A. Gallagher, Esq., Paoli, PA Employment Lawyer

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/we-traveled-from-philadelphia-to-occupy.html. Thanks!

State of Ignorance: The Grist for Our Political Divide

The attached Article from Newsweek, entitled "How Dumb Are We?", certainly provides food for thought. 

Newsweek surveyed 1,000 people, and 38% could not pass our official Citizenship Test.  29% could not identify our current Vice-President.  73% could not say why we fought the Cold War. 6% could not circle Independence Day on a calendar.

 There is a reasonable chance that, if you are reading this, you could answer all of the above questions, and probably pass the Citizenship Test.  So, like me (at least before my recent epiphany), you probably feel you are not part of the problem.

But, the overwhelming majority of us are unaware of the true facts about how our government is actually run.  We vote not based upon true understanding of the facts, but based upon blind ideology, and impressions formed from television advertisements. 

I have been guilty of this for many years, but now I intend to change.  For me, it started with the HBO documentaries Hot Coffee(2011) and Inside Job (2010), which explain in graphic terms how Big Business is truly in control of our political system, and thus our civil rights, economy and well-being.  Inside Job, produced by Philadelphia Eagles owner Jeffrey Lurie, won the 2010 Oscar for Best Documentary.  Hot Coffee has my vote for 2011 (what, I don't get a vote?).

My civic education continued last week, when I went up to Zuccotti Park and waded into Occupy Wall Street.  I then performed what I feel to be my civic duty in the Technology Age, getting up early Saturday morning to download/upload pictures and videos from my Blackberry, which accompanied a Blog Post on the subject. 

Today, it continues with this article, and this pledge:  Next time I vote, I will be as informed as possible. Join me?

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/state-of-ignorance-grist-for-our.html. Thanks!

i S.M.A.R.T financial plan...

(The author is the Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Feedback can be sent to mailfpc@ yahoo.com) 



iS.M.A.R.T financial plan:

Life is all about planning and execution. And invest in a S.M.A.R.T way... the iS.M.A.R.T way...

Specific.Measurable.Achievable.Realistic.Time bound way...

Financial planning and wealth creation needs a proper planning if one has to aspire for a meaningful financial future. And remember, what you earn is just one part. The other major part is about making money out of your earning. And that needs a structured planning. Our earning life is also shrinking, as many aspire to take a break early in life or choose to do something on their own. Gone are the days of work life uptil 60 or more. 

Go the i S.M.A.R.T way of financial planning...

Remember, personal investing is not about "one size fits all"concept. It's about individual's profile, family and goals for future. And they vary with each individual. Typical like our size and style of clothing. But one thing is common, that every one has goals for the future.
Money Avenues assists individuals on making a personalized financial plan through i S.M.A.R.T

The plan follows the following benchmarks -

Specific: 

Plan should have a specific direction for the individual. That begins with identification of specific goals one should aim for... It can be children education or one's retirement. But the key is to be very specific on goals and the plan. Money Avenues assists you identify the specific goals and plan.


Measurable:

 

Plan should be measurable and quantifiable in numbers. How much do I need for my retirement?

How much do I need for my children education?

Achievable:

The plan should be achievable in terms of goals and objectives. Remember, plan is being prepared for achieving financial goals and will not serve as a mere document.

Realistic:

Financial planning should be realistic in terms fixing financial goals and creating wealth. If someone wants to plan for his children education/ for retirement within a short span of time may sound unrealistic. Plan must be realistic for achieving goals and objectives.


Time bound:

Any financial plan should be time bound. 

For eg., 

I want to plan for children education after 15 years.
I want to plan for my retirement after 20 years.


That becomes key for a successful financial plan...


Speak to Money Avenues Expert to have your iS.M.A.R.T. financial plan for a secure financial future. Our endeavor is to provide a credible and structured financial plan for your financial success.


(The author is the Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai. Feedback can be sent to mailfpc@ yahoo.com) 

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/i-smart-financial-plan.html. Thanks!

Occupy Wall Street - A First Hand View From a Philadelphia Lawyer

Why I Went to Zuccotti Park

Not long ago, I saw Inside Job, an Oscar award-winning HBO documentary produced by Philadelphia Eagles owner Jeffrey Lurie. It tells the story of how Wall Street is largely behind the financial collapse of the United States, and thus the World. It is beyond compelling. I believe that every American should see this film. I started with my own family, and made it required watching of my 15 year-old sons, Charlie and Sam.




The NY Stock Exchange Bldg. - The Root Cause?

 When I heard about Occupy Wall Street, I became intrigued. I followed the movement peripherally.

Last Friday, October 14, 2011, I decided to take a day off of work for my busy practice, and to take the boys out of school for a day, so that we could travel up to NYC and check out what exactly is going on.



Sam, Dad, Charlie

 Where is Zuccotti Park and How Do I Get There?

Zuccotti Park is located about two blocks from the New York Stock Exchange Building, in the virtual shadow of the new World Trade Center (to get there from Philly, you take Exit 13 off of the New Jersey Turnpike, towards the Verrazano Bridge; that will put you on to 278e, and then you go through the Brooklyn Battery tunnel, and into the Financial District). In the attached Video that I shot, you'll see the new WTC in the background, particularly behind the shot of the Dove Flag.

The New WTC - Let Freedom Ring

Who are the Protesters at Zuccotti Park?

They are the great unwashed. As Wall Street has observed, you will not find a lot of middle class people sleeping in the Park. My expectation is that, like me, they are mostly working and raising families. The people that are there, however, are committed. We personally met people from all over the Northeast, and as far away as Sacramento, California and Columbia, South America.

A Brooklyner There From Day 1

There are many people with long hair and facial hair, wearing clothes that could use a roll in the washer. There are sleeping bags strewn throughout the Park and, when we got there, around 10 a.m., and throughout our visit, there were people sleeping despite the din.  At one point I looked at the scene, turned to my sons and said, "this is what the hippie movement looked like.  It wasn't people laying in fields of flowers...It was people sleeping on cement in the rain, in need of a shower, but resolute in their commitment to change."

If you want to see the scene captured in its essence, check out the Video shot by my son, Charlie.

Huddled Masses, Yearning to Breathe Free

The Drumbeat of Change (?)

Despite the disheveled appearance of the protesters, what I saw was an ad hoc community. It was clear that everyone that stays in the Park plays a role at various times throughout the day and night.

Take, for example, the drummers that are featured in my Video. Even during the 4 minutes that I shot, there was some degree of rotation amongst the drummers. Later that day, we returned, and there was almost a whole new set of drummers. Drumming is not easy, but one could tell that, to the protesters, it was essential to their movement. They play all day long, from crack of dawn until bedtime, beating out their incessant demand for change.

The use of drums is, to me, brilliant. As I expect you will find when you watch my Vid, there is a primitive, primordial rhythm created by the drummers that creates a sense of urgency, defiance, drive, purpose… It was and is among the most compelling things that I have ever seen.

In the Kitchen

We spoke with a number of people working in "the Kitchen." A young man from New Hampshire talked to my boys about having a state of awareness, to question everything that is told to you by authority/big business/politicians. He did not suggest or advocate fighting authority. Rather, he simply said that being aware that the Powers That Be do not always act with the best interests of the individual members of society was important.

New Hampshire Cook

Despite his long hair and shoddy clothing, he was a respectful, intelligent, earnest, passionate and impressive young man. He discussed Plato and the concept of critical awareness. I took his message to heart, and suggested to my sons that they do the same.

In a similar vein, I recently read the Newsweek article entitled "How Dumb Are We?"  In a Poll, only 62% of Americans passed the Citizenship Test.  In summary, the article concluded that our political divide is actually fueled by ignorance - the fact is, many of us vote based upon ideology without actually knowing the true facts.  Newsweek, like the New Hampshire cook, advocates that the solution to the problem is for each American to take it upon themself to learn the true facts before casting votes.  I might add, watching Inside Job is not a bad way to start....

What Do the Protesters Want?

Awareness, indeed, was the most common theme that I heard when talking with the protesters. They did not seem to have a sophisticated level of understanding of the Wall Street debacle. In fact, I spoke to about 20 people, and not one of them had ever heard of or seen Inside Job. They just seem do know that something was very wrong, and that some major changes had to take place.

When I tried to delve more deeply into what exact changes they felt were important (such a lawyer!), few seemed to have any answers. However, one man, a union organizer from Philadelphia, encouraged us to not use ATM machines or auto check-out kiosks at our local supermarkets. He explained that the more such automated machinery is normalized in our society, the less jobs there are for American citizens. He further encouraged us to find local banks to use, explaining that the monolithic major banks have far too much power in our Country.

Overall, it seemed to me that the protesters weren't able to articulate a unified message. There are lots of causes being advocated: the unemployed (particularly the 99ers), unions, international harmony, etc.  However, if I had to summarize, the major themes I heard were for peace, environment and encouraging heightened awareness of the state of the World.  But, to get it from the horse's mouth, read the OWS Call to Action, and the OWS Mission Statement.  These statements seem to more succinctly focus on the problem at hand:  the infiltration of our Country's polictical systen by Big Business - the same themes focused on in Hot Coffee and Inside Job. 

An Impressive Protester from Rochester - With His Message of Peace

Is Occupy Wall Street Organized?

The unionizer are also filled us in on something that was not apparent upon our visual inspection of the Park. The protesters have many committees. For example, they were planning to march on Citibank on the following day. This was a carefully organized march, involving many people who were responsible for things such as timing, location, participation from unions, bank customers, protesters and the general public, media relations, organization of speakers, etc. He told us that they had about 20 different committees. These committees have to do with everything from obtaining essentials such as food, clothing and hygiene, to non-essentials such as how to get their message out through various activities.

The protesters feed themselves, with significant help via donations from private parties and an ever-growing cachet of donations from private businesses such as Starbucks, McDonald's, etc. Obviously, these businesses have little to gain from their contributions, since anyone observing the protesters could see that they do not have a great deal of spending power. So why do they do it? Because they are humane.

One thing that I noticed missing was any toilet facilities. This created quite a burden on local businesses, such as Charley's and the Burger King you will see in the background. There are a lot of people, and it seems to me that Mayor Bloomberg should immediately get some Porta Pottys down there. I am sure that the City does not want to encourage this Occupation, but I suspect it is here to stay for a while and people need toilets.  A wash sink would be a good idea as well...

I will be writing more about my encounter with the protesters in the coming future. For now, I hope that you enjoy the Videos and pictures.

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/occupy-wall-street-first-hand-view-from.html. Thanks!

Most Common Employment Law Questions Answered by Philadelphia Area Employment Attorney John A. Gallagher, Esquire

Post-D-Jax Punt Return at Giants Stadium 12/19/10

Employment Attorney in Philadelphia Area

Hello, thanks for dropping by.  My name is John A. Gallagher, Esquire.  I am an employment lawyer with 20 years experience.  I routinely prosecute employment-related claims in state and federal courts, and  handle Pennsylvania Unemployment Hearings in Malvern, Norristown, Springfield, Bristol, Reading and Philadelphia.

Typically, I represent people in Southeastern Pennsylvania, extending as far west as Reading, and as far north as Scranton.   

Below are some of the most common questions/scenarios I am asked about.  I provide the briefest answers in this Post, but if you Click Here where indicated, you will find a more comprehensive discussion on each topic.

My goal is to inform the public, and to remedy illegal employment activities by companies that do not follow the law. I work hard to publish clear, concise, practical and accurate information, and your feedback on how I can improve the process, content, etc. is always appreciated. So, if you have any ideas for how to improve my Blog, or topics you would like me to discuss, please Post a Comment. 

EMPLOYMENT AT WILL, DISCRIMINATION, RETALIATION AND HOSTILE WORK ENVIRONMENT UNDER PENNSYLVANIA AND FEDERAL LAW

What is "Adverse Employment Action"?

We use that term throughout this Post, and elsewhere.  It refers to action by the employer such as disciplinary action, demotion, failure to promote, reduction in hours, suspension or termination.  Adverse employment action that actually costs you money (i.e. everything cited above but a mere write-up) is especially damaging, and thus most attractive to an attorney.  Such actions also triggers your obligation to file a complaint with EEOC and/or a similar state agency (in Pennsylvania, the PA. Human Relations Commission).

What Does "Employment at Will" Mean in Pennsylvania?

It means that you can be terminated for any reason, good or bad, unless the termination results from illegal discrimination, illegal retaliation or a wrongful termination.  Click Here for a more.

How Does Pennsylvania Law Define Wrongful Termination?

Many states, including Pennsylvania, make it illegal to fire employees that have filed a workers' compensation claim, or have asserted rights under other statutes (such as seeking full or partial unemployment subsequent to layoff or reduction in hours), etc.  Otherwise the "employment at will" rule controls, and one can sue for wrongful termination only if the victim of illegal discrimination or illegal retaliation.  Click Here for more.

What is a Hostile Work Environment?

It exists when the work place is permeated with a poisonous atmosphere that is hostile to people because of their age, sex, race, national origin, religious beliefs, or because of sexual harassment, or because the company manifests its anger in response to a protected complaint by engaging in illegal retaliation.  Click Here for more.

I am Being Treated Unfairly at Work in PA, Do I Have a Case?

You may, if you are being subjected to illegal discrimination, sexual harassment or illegal retaliation.  However, if the atmosphere is poisoned by "mere" office politics, or a jerky boss, or as a result of a policy of favoritism that places you on the outside looking in, probably not. Click Here for more.

What is Illegal Discrimination?

It exists when you are being treated poorly BECAUSE OF your age, sex, race, national origin, etc. (as distinguished between simply because you are not as popular as other employees).  Click Here for more.

Am I the Victim of Illegal Retaliation?

It is when the company treats you badly, or takes adverse employment action in response to your complaint of illegal hostile work environment, sexual harassment and/or illegal discrimination in the workplace.  It also comes about if the company "punishes" you for seeking a reasonable accommodation under the Americans With Disabilities Act, or in response to you asserting your rights to Family and Medical Leave, overtime, workers' compensation or a limited number of other statutes (such as those protecting whistleblowers). 

Click Here for more.

How Do I File a Discrimination or Sexual Harassment Claim in Pennsylvania?  


You may file a Charge of Discrimination with either the Pennsylvania Human Relations Commission ("PHRC"), the Philadelphia Commission on Human Relations (if you work in Philly) and/or the Equal Employment Opportunity Commission ("EEOC").

If your employer (or ex-employer) has more than 15 employees, you have rights under federal statutes such as Title VII, the Americans With Disabilities Act, the Age Discrimination in Employment Act, etc., and must file your Charge with EEOC to preserve your rights under such laws.

If your employer (or ex-employer) has more than 4 employees, you may file your Charge with the PHRC (if they have less than 15 employees, you can only file with the PHRC; if they have 15 or more employees, you may file with PHRC and EEOC.

Click Here to read about time limits for filing, and the best strategies to pursue when considering whether to file first with EEOC versus PHRC (or vice-versa).

How Can I Prove I am a Victim of Race Discrimination in Pennsylvania?

The best way is to have evidence of hostility towards your race via things said by co-workers (and known to management), the posting or publishing of racially intolerant materials in the workplace or blatantly racist comments made directly to you.  Along with or absent this type of evidence, you generally need to find a "comparator", someone just like you (except for your race), who is treated differently than you are UNDER VIRTUALLY IDENTICAL CIRCUMSTANCES to have any potential claim. 

Generally, "straight" discrimination claims are very hard to prove (with the exception of age-based claims), and illegal retaliation claims are the way to go if you feel you are the victim of discrimination.  Click Here for more.

How Can I Prove I am a Victim of Age Discrimination in PA?

If you are over 40, and are subjected to adverse employment action, and a younger worker who is similarly situated is not, you may have a claim for age discrimination. Click Here for more.

How Can I Prove I am a Victim of Sex Discrimination in PA?

See discussion of race discrimination, above.  Click Here for more.


How Can I Prove I am a Victim of Disability Discrimination in Pennsylvania?

If you are subjected to adverse employment action, and you believe it is because of your disability, or because you are perceived as someone who is unable to do the job because of your disability, you may have a claim.  Click Here for more.

How Can I Prove I am a Victim of National Origin Discrimination in PA?

See discussion of race discrimination, above. Click Here for more.

How Can I Prove I am a Victim of Religious Discrimination in PA?

See discussion of race discrimination, above. Click Here for more.

What is a Constructive Termination or Constructive Discharge under Pennsylvania law?

It is when you are treated so poorly at work that you have no choice but to quit. Under the law, you have a claim for ILLEGAL constructive discharge if the mistreatment constitutes illegal discrimination, harassment or retaliation. However, even if your discharge was not illegal, per se, you may still have a right to unemployment compensation of the mistreatment was pervasive, and continued despite your efforts to address and resolve the issues with management. Click Here for our comprehensive Post on these issues.

Add caption

What Should I do if I am Subjected to Sexual Harassment in PA?

Generally, you should bring the matter tot he attention of management, and give it a chance to fix the problem. If it fails to fix the problem and/or the problems get worse, you may have a claim for constructive discharge. If its response is to subject you to adverse employment action, a claim for money damages may arise. Click Here for our comprehensive Post on these issues.


Am I Protected Under Pennsylvania or Federal Whistleblower Laws?

If you work for a government, yes. If you do not, you likely have whistleblower protection only if there is a state law that provides such protection. Pennsylvania does not have such a statute; other states, such as New Jersey, do. Also, if you work for a publicly traded company, you may be entitled to protection under Sarbanes Oxley. Click Here for more.

1099 (INDEPENDENT CONTRACTOR) AND OVERTIME ISSUES IN PENNSYLVANIA

Am I Entitled to Overtime Uneder PA Law of Federal Law?

Click Here to read our comprehensive Post on this issue.

Am I Being Misclassified as an Independent Contractor in Pennsylvania?

If the company essentially controls your work, subjects you to discipline and otherwise generally treats you like its employees (except for receiving benefits, etc., of course), you may well be.  Click Here for more.

I am a 1099 Worker - Can I Get Pennsylvania Workers' Compensation Benefits? 

If you have been misclassified as an independent contractor, then yes.  Click Here for more. 

I am a 1099 Worker in PA - Can I Get Overtime? 

If you have been misclassified as an independent contractor, then yes.  Click Here for more.

I am a 1099 Worker - Can I Get PA Unemployment Benefits?

If you have been misclassified as an independent contractor, then yes.  Click Here for more.

Can Outside Salespersons Get Overtime Under Pennsylvania Law?

A TRUE outside salesman is not entitled to overtime.  However, many salespersons are misclassified as "outside salespersons" - if you have been so misclassified, you are entitled to overtime. Click Here for more. 

Can Computer Programmers and Professionals Get Overtime in Pennsylvania?

If you work in Pennsylvania, the answer is "Yes."  Click Here for more. 

Commissions, Minimum Wage and Overtime - What Are PA's Rules?

Click Here for our comprehensive Post on these issues.
 

BANKRUPTCY ISSUES

Bankruptcy:  How Does it Affect my Claim For Severance if I am an Executive?

Click Here for our comprehensive Post on this issue.

Bankruptcy:  How Does it Affect my Rights to Wages if I am an Employee?

Click Here for our comprehensive Post on these issues.


FAMILY AND MEDICAL LEAVE AND DISABILITY QUESTIONS

How Does the Family and Medical Leave Act Work?

If you are employed for a company that has more than 50 employees, have worked there for more than 12 months, and have worked more than 1,250 hours during the last 12 months, then you are entitled to up to 12 weeks off without pay to treat a serious health condition, or to care for a family member with a serious health condition, without risk of losing your job. Click Here for more.  

Can I Get Short-Term Disability and Family and Medical Leave at the Same Time?

Yes.  This way, you can supplement your income and protect your job at the same time. Click Here for our comprehensive Post on how FMLA and STD work together.

Can I Take Family Leave for Stress?

Yes.  Click Here for our comprehensive Post on this issues.

Can I Get Fired for Taking Short Term Disability?

Yes, unless you are protected under FMLA or, perhaps, the ADA.  Click Here for our comprehensive Post on these issues.

What is a Reasonable Accommodation Under the Americans With Disabilities Act?

Typically, it is a device or a an adjustment to your work duties or schedule that enable you to fulfill your job despite a disability.  Click Here for our comprehensive Post on these issues.

How Do FMLA, Short-Term Disability, the ADA and Workers' Compensation Fit Together?

Click Here for our comprehensive Post on these issues.


NON-COMPETE AND SEVERANCE ISSUES

Is My Non-Compete Agreement Enforceable in Pennsylvania?

The key to avoiding a problem with a non-compete agreement are generally as follows:  1) be unfailingly loyal to the company during your employment despite your plans to leave; and, 2) do not take any of your former employer's customers when you get to your new job. Click Here for our comprehensive Post on these issues.

How Does Severance Work in Pennsylvania?

Generally, in the absence of a contract between a company and an employee (usually reserved for executives and officers), the payment of severance is a voluntary act by a company. There is no set severance rule; however, the failure offer severance or consistent severance to all employees may be evidence of discrimination. If you are offered severance, you will usually be required to sign a Release. You should seriously consider retaining an attorney to evaluate (and possibly negotiate) any severance package to receive. Click Here for more.

What Can My Former Employer in Pennsylvania Say If Asked for a Reference?

In Pennsylvania, employers run the risk of being sued if they say something negative AND UNTRUE about you, and it causes you to lose another job opportunity (hard to prove).  Click Here for more. 


UNEMPLOYMENT QUESTIONS

Can I Get Unemployment in Pennsylvania if I Quit My Job?

If you have a necessitous and compelling reason to do so.  Otherwise, let them fire you.  Click Here for more. 

What is a Necessitous and Compelling Reason for Quitting a Job Under Pennsylvania Unemployment Law?

A significant change in work hours or location, a significant reduction in pay, SEVERE abuse by a fellow employee that continues despite your efforts to have management fix the problem, a severe health condition (although you have to be able to work to get unemployment, so a long-term health condition may lead to your ineligibility), if your spouse has to relocate, if your lose childcare - these are some of the most common N & C reasons.  Click Here for more. 

Can I Get Unemployment in Pennsylvania if  I am Fired for Poor Performance?

Poor performance is NOT a basis for disqualification from unemployment, so yes.  However, BEWARE: employers often fabricate "willful misconduct" at unemployment hearings to get around this rule.  Click Here for more. 

What is Willful Misconduct Under Pennsylvania Unemployment Law?

Generally, it is something that one does that one KNOWS is wrong.  THINK:  no call, no show, drinking on job, repeated violation of work rule despite warning.  Click Here to read more. 

What Evidence Should I Have For My Pennsylvania Unemployment Hearing?

You should review the file at the Unemployment Hearing Office prior to the Hearing in order to determine the employer's position, and to try and prepare oneself for the Hearing.  Click Here to read more. 

What Happens at a Pennsylvania Unemployment Hearing?

Click Here for our comprehensive post on this issue. 

How Does Unemployment in Pennsylvania Work? 

Click Here for our comprehensive post on this issue.

Can I Get Unemployment in Pennsylvania if I Take a Part-Time Job?

Yes, if you are paid on a W-2 basis and your earnings do not exceed 40% of your weekly UC compensation, you can get full UC benefits.  Click Here for more. 

Can I Get Unemployment in Pennsylvania if I am Terminated from my Job as an Independent Contractor?

Yes, if you prove you were "misclassified" as an independent contractor.  Click Here to read our comprehensive Post on this issue. 

Can I Continue to Get Unemployment in Pennsylvania if I Take a Job as an Independent Contractor?

Not if you are TRULY an independent contractor who is self-employed.  However, that statement gives rise to a number of critical, complex questions.  Click Here to read more. 

Can I Get Unemployment in Pennsylvania if My Business Fails?

No.  Click Here for more. 

If, After I am on Unemployment, I Start My Own Business or Incorporate My Own Business, am I Still Eligible for Unemployment?

No.  Even if you never make any money on such endeavors, you will still be deemed as "self-employed," and thus ineligible for unemployment.

What is a Sideline Business Under Pennsylvania Unemployment Law?

If, while employed on a full-time basis you from time to time did some work on the side for which you were paid, and which you reported to IRS, then you will remain eligible for unemployment even if you continue to do such work after you become unemployed, provided you roughly the same amount of work while unemployed, and do not change your business model.  Click Here for more. 

What is "Suitable Work" Under Pennsylvania Unemployment Law?

It is a DEFINED job offer (i.e. one in writing that lays out the detail of the offer) that basically is the equivalent of your last job in terms of location, pay, job duties, etc.  For example, an offer to a former executive of a job as a clerk at a convenience store is NOT an offer of suitable work. An offer of a part-time job with no benefits is not the equivalent of a full-time job with benefits.  If you are offered suitable work, you must accept is or lose your right to UC benefits.  Click Here to learn more.

What Are the Answers to the Most Commonly Asked Questions About Pennsylvania Unemployment Law?

We have addressed them all (we think!).  Click Here for more.

I hope that you have found this information helpful.  I update my Blog regularly, so feel free to check back in from time to time.

Naturally, if you feel you need personal guidance and advice, I am standing by. You may e-mail me questions, or give me a call at 610-647-5027.

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/most-common-employment-law-questions.html. Thanks!

Forced Resignations: What Are My Rights if I am Forced to Resign From My Job in Pennsylvania?

If you come here often, you know that I am not a proponent of resignations, with limited exceptions.

One exception is where you are being subjected to illegal retaliation, or an illegally hostile work environment.  Such situations are referred to as "constructive discharges" or "constructive terminations."  To find out if your situation falls within the protection of the law, Click Here. 

Another situation is where your job is so stressful that your health is being affected and you have to quit your job to preserve your well-being.  The stress can be brought about by a nasty boss or co-worker, an increase in your workload, etc.  In such situations, you may want to first consider taking leave under the Family and Medical Leave Act in tandem with Short Term Disability before quitting.  Click Here for more information about how to go about doing that.

If, however, you ultimately feel you must resign, it may be difficult to get unemployment benefits, so you may want to consider some strategies. Click Here to read more about that.

There are some other scenarios whereby quitting may be necessary, such as to care for a loved one who is ill, if your spouse is required to relocate, if you suffer a dramatic change in your rate of pay, work hours, work location, etc.  In these type scenarios, you may be eligible for unemployment compensation.  Click Here to learn more.

More Questions about how Discrimination law?  Click Here.

More questions about Pennsylvania Unemployment Law?  Click here.

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/forced-resignations-what-are-my-rights.html. Thanks!

Forced to Quit My Job - What Can I Do?

If you have a claim for illegal discrimination, harassment or retaliation, you should consult an attorney to learn the rules on how to perfect such claims by filing with the EEOC and/or your local municipal or state equal employment agency.

In some cases, such as those arising under the Family and Medical Leave Act or the Fair Labor Standards Act (governing overtime), you may proceed directly to court.

Click Here to read about what constitutes a constructive discharge under the law.

Click Here to read about what effect a voluntary quit may have upon your claim for unemployment benefits.

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/forced-to-quit-my-job-what-can-i-do.html. Thanks!

The Definition of Constructive Termination or Constructive Discharge

If you are forced to quit your job due to an unlawful hostile work environment, you may have a claim for constructive termination/discharge.

Click Here to read our comprehensive Post on this issue.

Click Here to read about what effect a voluntary quit may have upon your claim for unemployment benefits.

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/the-definition-of-constructive.html. Thanks!

Do I Have a Case for Constructive Discharge?

Many People Quit Their Jobs Every Day

Roughly 48% of the currently identified unemployed actually quit their job.  An unusually high number?  No.  That is within range the national norm for the past 5 years.

Many people quit because they felt they were being treated unfairly, or even abusively, during their employment.  Stated otherwise, many felt they were subjected to a "hostile work environment."

What is a Hostile Work Environment Under the Law?  Protections Under Title VII

However, hostile work environments, as defined in the law, are somewhat rare.  Indeed, in order to prove that a hostile work environment exists, one typically must allege the existence of sexual harassment, or a work environment littered with extreme and overt criticisms based upon a person's age, race, sex, national origin, religion, etc.  In addition, an unlawful hostile work environment exists if an employee is subjected for retaliation in response to making a reasonably well-founded complaint about such unlawful behavior.

NOTE:  If you make a "general" complaint that you are being treated poorly, unfairly, etc., then you have not made a complaint of an illegal hostile work environment, and therefore would not have a an illegal retaliation complaint if the company's response was to terminate your employment.

However, if you complain to management that you believe you are being treated differently because you are a woman, a Hindu, etc., and are subjected to an adverse employment action in response, then you have a claim for an illegal hostile work environment.

What is a Hostile Work Environment Under the Law?  Protections Under Other Laws

There are some other common scenarios of illegal hostile work environments (or unlawful retaliation, if you will).  The most common arise when an employee is subjected to hostility because he/she took leave protected under the Family and Medical Leave Act (FMLA), sought a reasonable accommodation under the Americans With Disabilities Act (ADA), filed a workers' compensation claim,  sought overtime which they reasonably believed they were entitled to under the law or made a claim protected under a whistleblower statute (there are a few others, and they vary from state to state). 

NOTE:  If you are subjected to adverse employment action because you asserted rights under federal laws such as FMLA, ADA or FLSA (the Fair Labor Standards Act, which governs overtime), then you may have a claim for an illegal hostile work environment.  The same is true, at least in many states, if you are "punished" because you filed a workers' compensation claim.

Mere Proof of Cruel, Unfair or Immoral Treatment is Not Proof of an Illegal Hostile Work Environment

However, they key point is as follows:  merely having a cruel, hostile boss, or a gang of insensitive, bullying co-workers is not enough to prove a hostile work environment.  This is the foundation of the employment at will doctrine. 

NOTE:  If you have to quit your job because of severe mistreatment by management and/or co-workers, you may be entitled to unemployment benefits even if you were not subjected to an illegal hostile work environment.

You Have a Constructive Discharge Claim Only if You Were Subjected to an Illegal Hostile Work Environment

Understanding these principles is important, because a claim of constructive discharge only lies where an illegally hostile work environment left the employee with no choice but to resign.

Truly Illegal Hostile Work Environment Claims Are Relatively Rare

I would say that of the roughly 6 Million people who are currently unemployed due to quitting their jobs, a very small percentage could actually make out a claim of constructive discharge.  While a much larger percentage quit because they found their job intolerable due to the (mis)behavior of their bosses and/or colleagues, the law does not require civility in the workplace.

If You Quit Your Job Because of One of These Scenarios, You May Have a Constructive Discharge Case 

In summary, and generally, if you quit your job for any of the following reasons, you may well have a claim for constructive discharge:

1)  You were the victim of sexual harassment by your supervisor or boss;

2)   You were the victim of sexual harassment by a co-worker and complained to management, but it failed to take steps to fix the problem, which then continued;

3)   You were treated badly at work, and it was made clear that the mistreatment had come about because you were disliked because of your age, sex, race, national origin, religious beliefs, or disability;

4)   You made a reasonable complaint to the company (or to an agency such as EEOC) that you believed you were being treated badly because of your age, sex, race, etc., management responded ineffectively and the environment became even more hostile.  This is known as a unlawful retaliation claim.

5)    You took leave under FMLA, sought overtime to which you believed you were entitled, sought a reasonable accommodation under ADA or filed a workers' compensation claim -- and thereafter were retaliated against by your employer via mistreatment, change of duties, etc.

6) You made a whistleblower complaint, and were thereafter subjected to a hostile work atmosphere.

Generally, unless you have one of these scenarios, you likely do not have a claim for a hostile work environment, and therefore do not have a claim of constructive discharge.

Click Here to read about what effect a voluntary quit may have upon your claim for unemployment benefits.



John A. Gallagher, Esquire, Paoli, Pennsylvania Employment Lawyer

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/do-i-have-case-for-constructive.html. Thanks!

Amanda Knox: The Inside Story

Click Here to read one of the best stories of its ilk I have ever read, "The Neverending Nightmare of Amanda Knox," authored by Nathaniel Rich in the June 27, 2011 edition of Rolling Stone.

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/amanda-knox-inside-story.html. Thanks!

Are 1099 Workers Eligible for Unemployment Benefits in Pennsylvania?

In many cases, yes.

Why?

Because they were improperly classified as independent contractors, when under the law they should have been deemed employees.  So, if your "assignment" has recently ended, you may very well be entitled to unemployment compensation benefits.

Click Here to learn more. 

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/are-1099-workers-eligible-for.html. Thanks!

I am a 1099 Worker, Can I File for Workers' Compensation Benefits?

If you are truly an independent contractor paid on a 1099 basis, then the answer is no.  However, companies commonly, and intentionally, "misclassify" workers as independent contractors so as to avoid certain obligations, such as workers' compensation insurance.

If you are interested in an in depth analysis of what it means to be misclassified as an independent contractor, Click Here. 

You have read this article with the title October 2011. You can bookmark this page URL http://clapclapclappp.blogspot.com/2011/10/i-am-1099-worker-can-i-file-for-workers.html. Thanks!