Dallas, 03/27/2017 /SubmitPressRelease123/

According to Attorney Mike Young, Corporate Counsel for LegalFormsMart.com, you should have properly signed written employment agreements with your hired workers.

Oral contracts are risky because they invite wage and hour labor law violation disputes. This can mean a disgruntled worker hires a labor lawyer to make your life miserable in or out of court and possibly an investigation by the government into whether or not you’ve violated federal, state, or municipal employment laws. When it’s your word against an employee’s version of what was agreed to, chances are you’ll lose.

Although each employment agreement is somewhat unique because of an employee’s job responsibilities, amount of compensation, and other variables, there are three common issues you’ll want covered in your contracts to reduce legal headaches and improve employee relations.

1. Term Or At-Will Employment Agreements?

Make it clear in your agreements whether employees are being hired for a specific term (e.g. one year term that’s renewable) or are at-will workers, i.e. you can fire them for just about any reason that’s legal (illegal terminations typically involve discrimination because of an employee’s race, ethnicity, gender, age, disability, etc.).

2. Paid Days Off

Have a consistent policy on when your workers can take time off and still get paid even though not working.

Paid holidays when your company is closed is a common benefit given (e.g. Christmas and Thanksgiving).

In addition, many employers provide paid time off (PTO) each year that accrues as the employee continues working for you. In the past, this was separated out by companies as paid vacation, paid sick leave, etc. For human resources purposes, it’s often easier to lump these days together as PTO and let the employees choose the reason for taking each day off.

3. Preventing Unfair Competition

If an employee has a non-management job without access to your company’s customer lists, business plans, or trade secrets (e.g. janitor), it doesn’t make sense to prevent that worker from going to work for a competitor or the unlikely scenario of trying to start a competing venture.

However, if an employee has a managerial role in your company or otherwise has access to insider information that could be used to harm your business if a competitor had it, you should consider including reasonable non-competition provisions in the employment contract to prevent your worker from harming your business after quitting or being fired.

To learn more about protecting your business with employment contracts, go to https://legalformsmart.com/product-category/labor/employees-labor/

source: https://legalformsmart.com/business-employment-agreements/

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March 28, 2017 – – New York, New York based The Strategic Edge has announced an upcoming seminar for those who need to reduce stress. Meredith Gardner, Ph.D., who is the founder of the company, states that employees with workplace skills and strong interpersonal skills are better equipped to dodge and diffuse stressful workplace situations. She points out that stress management skills are as essential as today’s tech literacy or troubleshooting abilities.

“Workplace stress solutions run the gamut, from flexible working hours to futon-equipped nap rooms,” says Gardner. “Some employers encourage mid-day exercise or a retreat to the company’s outdoor, meditative space. While options like these may or may not be a good fit for your organization, strong interpersonal skills provide universal support and there’s much less maintenance required than you may think.”

Gardner says that The Strategic Edge seminar is about using interpersonal skills to combat stress in the workplace. These skills will, of course, spill over into other parts of life. Studies show that nearly half of all American workers surveyed say they need help learning to manage stress. She states that how to empower joint problem solving is essential so that workers are not carrying the monkey on their backs and can successfully encouraged other people to take responsibility.

“You need to know how to encourage better connections with others, and this comes from understanding what those people need from you and it teaches you how to build a stronger bridge to them,” says Gardner. “You need to understand how to effectively engage people to want to help you, because your relationships are stronger and your message is clear. Worrying in advance doesn’t change the outcome.”

“I say this all the time,” Gardner continues, “The outcome is no in our control, so, why worry?”

Gardner says that she does not focus on an internal blue triangle kind of thing in this class. She states that she could never do those visualizations to reduce stress. Instead, the company focuses on developing new practical interpersonal skills that can be implemented right away. She says that those interested will learn the questioning style to help them artfully solicit information through questions without putting people on the defensive.

Detail or big picture orientation is also a focus. “Some people go tree by tree and finally say, oh, there’s a forest. Others see the forest and then think, there are a lot of different trees here. Learn how to develop some patience while adapting your style,” says Gardner.

She states that other lessons include volume, speed and intonation and says that in her experience, people are enduring more and more stress, so this seminar is very timely and provides some needed skills to maintain sanity.

“Explore simple yet powerful methods for managing your reactions to difficult people and situations, stressing you out and causing anxiety,” says Gardner. “Apply tools for distinguishing what’s in your control, and what isn’t. You’ll have an easier time at work and life by dropping the inner conflict. When you do, you’ll be happier and more productive on the roller coaster. Please join us for this significant stress relief session to learn the skills you need to stay stress free.”

Meredith Gardner, Ph.D., is an animated international speaker, coach, trainer, and author. She previously had her own radio program as well as being a guest on local and national radio/TV. She utilizes some of her own stress management techniques to keep balanced during turbulent times. Those who are interested in the seminar or any of the services provided by Gardner and her company can reach out through her official website.

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Contact The Strategic Edge:

Meredith Gardner, Ph.D.
212 769-9340
mgardner@strategic-edge.com
321 W 78th Street
New York, New York 10024-6525

ReleaseID: 60016034

Dallas, TX, USA, 03/27/2017 /SubmitPressRelease123/

I have prepared literally hundreds of witnesses to testify in civil depositions and trials and in criminal cases for both the prosecution and, as a Dallas criminal lawyer, for the defense. I have also cross-examined a lot of criminal defendants in trial as a prosecutor. From these experiences, I know that preparing a criminal defendant to testify at trial involves some unique challenges. They can be overcome, though, by applying critical thinking and proven methods to the task.

The first challenge is deciding whether or not to call the defendant as a witness in the first place. The law says that a criminal defendant has an absolute right NOT to testify, and prosecutors are not allowed to comment in any way on a defendant’s failure to testify.

In many cases, though, especially if the defendant is accused of something outrageous like domestic violence or sexually assaulting a child, jurors expect a defendant to get on the witness stand and deny the charge even though the law says they have an absolute right not to. They think, “If I were falsely accused of that, I would want to get up there and deny it.” Therefore, if a defendant does not testify, they tend to think it is because he or she is guilty.

As a criminal defense lawyer, I do my best to set up the evidence so that I can win the case without having to call the defendant. That way, calling my client as a witness is an option instead of a necessity.

The second major challenge is helping my client understand how to testify persuasively. Many people accused of crimes have no experience testifying and are not naturally good communicators. They have to be taught that, even though a prosecutor and I are asking them questions, the real audience is the jury. They have to understand how to look calm, confident, and like they have nothing to hide. They have to understand that they will testify, if at all, only after the government has called all of its witnesses who have tried to make the defendant look guilty. This means that the jury may be very skeptical of them, or even angry with them, before they even open their mouth.

I like to practice my client’s testimony on videotape so that we can play it back, and I can point out the good things and the bad things. Being able to see themselves on video helps people learn as they get to see themselves as the jury might see them.

I also explain that being able to provide details and examples makes someone’s testimony more memorable and believable. It sounds simple, but many people do not know this. For example, saying, “She does not like me,” is not particularly persuasive. It is better to add details and examples, like, “She would call me lazy. When I was around her, she would not even look at me. She would say things under her breath that I could tell were about me.”

A third major challenge is preparing a defendant for cross-examination by the prosecutor. Very few people are used to cross-examination. In court, you are required to answer the prosecutor’s questions. If you try to avoid answering the question, or if you try to argue with the prosecutor instead of answering the question, it is obvious to the jury, and it looks bad.

Since the prosecutor seems to believe the defendant is a criminal who is trying to get away with a crime, juries understand, and to some extent expect, the prosecutor to treat the witness harshly. Prosecutors therefore often act outraged and offended when they are questioning a criminal defendant.

I believe that the best way to prepare a defendant for this is to try to come up with the hardest questions that a prosecutor may ask and to practice answering those questions on videotape. As a former prosecutor, I have a pretty good sense of some of the questions and strategies prosecutors like to use.

For example, a lot of prosecutors like to use the “everybody else is lying” line of questioning. It goes like this:

“You were here in court when all of those people took the witness stand and said you did it, weren’t you? And you say you didn’t do it, right? So, I guess all of those people are just a bunch of liars, then, is that what you are saying?”

I have to tell my clients that I cannot possibly anticipate every question a prosecutor will ask. I also tell them, though, that if they get used to answering tough questions in a way that looks credible, they should be able to handle whatever they are asked.

Preparing a criminal defendant to testify at trial is not easy. It takes advance work and critical thinking. It can also make or break the defense case. It takes experience and good judgment to know when to advise a criminal defendant to take the stand. If the defendant does testify, he or she should be prepared by a lawyer who knows exactly what they are doing.

If you, a family member or someone you know has been charged with a crime in the Dallas area, contact Dallas criminal lawyer John Helms at (214) 666-8010 or fill out the online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and freedom.

Press Contact
John Helms
(214) 666-8010
https://www.linkedin.com/in/john-helms-69172699

source: http://johnhelms.attorney/dallas-criminal-lawyer-explains-prepares-criminal-defendant-testify/

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March 28, 2017 – – ‘Book Your Cruise: Write Your Book’ Shows Future Authors How to Write a Book on a Cruise.

Donna Kozik has published “Book Your Cruise: Write Your Book,” an ebook for those who want to use their time on a cruise to write a book. The guide shows future authors how to prepare, write and publish a nonfiction book while out to sea. Kozik’s book is available now on Amazon.

“When going on a cruise, someone usually looks for a book they can read, but how about reading a book about writing a book?” said Kozik.

She continued, “They say that four out of five people want to write a book ‘someday,’ but, for most, that ‘someday’ never comes. I eat, breathe and sleep book writing. I think everyone should author a book. The good news is that it’s so easy now–you can even do it on cruise.”

This speedy yet info-packed Kindle read gives cruise goers information about how to write a book while sailing the high seas or drifting along a river cruise. Inside this book readers will discover three simple parts:

Part 1: Pre-Board Prep—Ready Yourself
Part 2: All Aboard—Cruise & Write
Part 3: Disembark & Publish—Finetune & Print

Kozik is a long-time book coach who shows people how to get books done fast and easy with her own programs and publications. Kozik is the creator and leader of the original “Write a Book in a Weekend,” which is also found on Facebook. Want-to-be authors can pick up a free book planner from Kozik at www.FreeBookPlanner.com.

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Contact Donna Kozik:

(619) 431-1720
donna@mybigbusinesscard.com

ReleaseID: 60016187

Dallas, 03/27/2017 /SubmitPressRelease123/

If passed, a proposal that’s currently before Texas lawmakers would make it mandatory for prosecutors to share evidence that could help a suspect’s case with grand juries. According to a Texas Tribune report, two versions of the same proposed law have been filed by both Democratic and Republican state lawmakers, meaning the bill has bipartisan support.

What Is a Grand Jury?

A grand jury differs from what people think of when they hear the term “jury trial.” When a grand jury is assembled, its function is only to determine if there is probable cause to believe an individual has committed a crime. If the grand jury finds there is probable cause it issues a formal charge, the indictment. Because a grand jury does not make an ultimate determination of guilt, the rules governing the process are much different than those in criminal prosecutions after the grand jury has returned an indictment.

Grand jury proceedings are not open to the public. This prevents people merely suspected of crimes from being publicly embarrassed by a disclosure that they are under investigation, and it aids law enforcement by not alerting suspects that they are under investigation.

Proposed Rule Change for Grand Jury Proceedings

According to one of the bill’s sponsors, grand jury proceedings were originally designed to provide “checks and balances against oppressive prosecution or potential witch hunts.” He claims that current rules and policies give prosecutors an “unfair advantage over the accused,” even in cases where the accused is innocent of any wrongdoing.

The bill would reform grand jury proceedings by requiring prosecutors to provide the grand jury not only with evidence that tends to establish the guilt of a suspect, but evidence that also tends to establish a suspect’s innocence.

Additionally, the proposed law would permit a suspect’s lawyer to be present during questioning and would stop prosecutors from going to a second grand jury if the first grand jury fails to indict.

The second proposed provision is designed to prevent instances of “double jeopardy,” according to a senior policy analyst with the Texas Public Policy Foundation. He stated that if a case has already been investigated and a grand jury said there’s not enough evidence to indict, the prosecutor shouldn’t have an opportunity to shop around for a grand jury willing to do so, as that sort of behavior goes against the principle that an individual can’t be prosecuted twice for the same alleged criminal offense.

Bill Would Also Allow Suspects to Receive Evidence

Another part of the proposed law would permit suspects to receive evidence from the case upon request, however, they would not have access to any identifying information about witnesses or alleged victims. This section of the bill would give suspects the ability to begin building their defense prior to setting foot in a courtroom — an option they don’t have under current Texas grand jury rules.

Sources:

https://www.texastribune.org/2017/03/15/texas-proposal-would-limit-prosecutors-grand-jury-proceedings/
https://www.law.cornell.edu/wex/double_jeopardy

Mick Mickelsen Dallas Criminal Defense Lawyer

Founding Partner/Former Assistant Federal Public Defender

Contact Info

Broden & Mickelsen, LLP

2600 State St Dallas,

Texas 75204

(214) 720-9552

source: http://www.brodenmickelsen.com/blog/texas-jury-reform-limit-prosecutors-grand-jury-proceedings/

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New York City, NY, 03/27/2017 /SubmitPressRelease123/

A few years ago, desktop magnet sculptures were a popular gift, especially around the holidays. Made up of dozens of tiny magnetic balls, they decorated the offices of numerous executives and hard-to-shop-for bosses. Sometimes marketed under the name Buckyballs, Zen Magnets, Magnicube, or Neoballs, the little metal balls are actually rare earth magnets. As such, they are extremely powerful—so powerful, in fact, that they can cause gruesome injuries if swallowed.

After a 19-month-old child died from swallowing several of the magnets, which caused a perforated bowel, the Consumer Product Safety Commission (CPSC) banned the sale of Buckyballs and similar products in the United States in 2014. USA Today reports that about 7,700 other children suffered injuries related to ingesting the magnets.

Doctors say the magnets are dangerous because doctors don’t immediately think to look for them in the intestines when a child presents at the doctor’s office or the emergency room with stomach complaints. In the case involving the tragic death of the child who swallowed the magnets, doctors initially diagnosed her with a virus. It was only after an autopsy was performed that doctors discovered the presence of the magnets, which the child swallowed after her brothers brought home a necklace containing the magnets from school.

The Return of Deadly Rare Earth Magnets

However, the CPSC ban was not the end for the deadly magnets. After winning an appeal in court, the desktop magnet sculptures are back and are now being sold under various names just in time for the big holiday shopping rush.

According to a Popular Science report, “Since the small magnets are remarkably strong, they can attract one another even from some distance away. That means they can pull themselves together inside of you, breaking through bodily tissues to do so.”

This is not just theory—these injuries have happened repeatedly to young children across the country, including a toddler who swallowed 37 of the tiny magnets and a six-year-old who sustained intestinal injuries after ingesting 19 of the balls.

Despite these horrific injuries, an administrative law judge ruled in 2016 that the dangers posed by the magnets are outweighed by the benefits, including uses in the educational sector.

Parents: Be Wary When Buying Toys This Holiday Season

Many of the products containing the rare earth magnets have been remarketed under new names. New York dangerous products lawyer Jonathan C. Reiter says, “Parents and caregivers must use extreme caution when shopping for toys that may contain these types of magnets, especially if they have young children who may put the magnets in their mouth. Always carefully read the packaging and contents before buying.”

Media Contact:

Jonathan C. Reiter Aviation Lawyer New York :  T: 866-324-9211. 

Jonathan C. Reiter Law Firm, PLLC

The Empire State Building

350 5th Avenue #6400

New York, NY 10118

T: (212) 736-0979

source: http://injuryaccidentnews.jcreiterlaw.com/2017/03/22/defective-products-lawyer-talks-dangerous-magnets-allowed-back-stores/

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New Jersey, 03/27/2017 /SubmitPressRelease123/

You likely have the view that parents are supposed to be role models for their kids, guiding them though life’s obstacles, and doing so with a positive image. Substance abuse of drugs or alcohol crushes that ideal. It may feel like you are going to be letting your children down, not living up to what they need and deserve, if you tell them about your chemical or alcohol dependence. That isn’t true, though. There are some amazing benefits to talking with your kids about your alcohol and drug addiction, report the addiction treatment experts at Summit Behavioral Health.

For more reading about how to build trust and help your child understand your illness read: How to Help a Child Understand Addiction Through Empathy

What Works When Talking to Your Children About Drugs and Alcohol

Studies show that most kids are exposed to drugs or alcohol in middle school starting at about 12 years of age. This is a perilous time of life in the best of situations. Kids are entering adolescence and beginning to challenge common beliefs about their world. Parenting at this time in a child’s life is difficult at times, to say the least. However, it is also a great opportunity to build a long-lasting feeling of trust between you and your child.

Talking with your children about mistakes you have made in the past is hard, especially when you are telling them not to do what you’ve done. They’ve likely heard you say not to use drugs or alcohol already, but it’s simply been a matter of “because I said so.”

Be Honest with Your Children

When you decide to have the conversation about your drug addiction with your children, being honest is the most important thing you can do. It is also important to remember to make sure that the conversation and details that you give are age-appropriate for your kids. But the earlier you can start, the better – for you and for them. Don’t allow fear to stand in the way of your honesty. Sharing your story with your children is building a strong foundation of awareness for them about substance abuse. You are able to tell them the truth because you have been through it.

By practicing honesty, you are giving your kids the gift of having someone in their corner to talk to when drugs or alcohol come up in their lives. They will feel more comfortable coming to you when they are presented with situations involving drugs and alcohol at school or with their friends.

Opening the Door for Communication

If you have teenagers, you know how difficult they can be. There are times that they seem to be all hormones and attitude, and it often seems like they are making it their mission to isolate themselves from everything you say or do. This is a crucial time to keep the door open for communication – especially about drugs and alcohol.

If you have shared your story of recovery with them already, be prepared that they may throw it right back in your face at this point in their lives. If they want to go out with their friends to a party and you say no, they may bring up your past. Remember to stay calm and remind them that you shared that with them in trust and to help them avoid making the mistakes that you did.

Talking with your kids about your past drug or alcohol problem use may be saving them from going through the hell of addiction by painting a clear picture for them of what it was like.

Benefits of Telling Your Kids About Your Addiction

Telling your kids about your past alcohol and chemical dependency is beneficial for them and for your recovery. For some people in recovery, the longer they are sober the easier it is to romanticize their days of using or drinking. Talking with your kids about it helps ground you in your recovery by keeping it fresh. When you talk to them about your past behavior as an addicted person you are more likely to stay focused on your recovery.

Your kids will benefit too. Not only are you building a foundation of honesty and trust with them by telling your story, you are allowing them to share in your recovery. Hopefully they will learn from your mistakes, but if they don’t, and they choose to go down the same road you did, at least they will know that they will have love and support from you when they need it.

Explaining Alcohol and Drug Addiction to Your Children

Talking about your own story of addiction with your kids gives you the opportunity to explain drug and alcohol addiction from a medical standpoint. You can talk about the fact that it’s a disease that changes the brain and personalities. This lets your kids know that while you may have chosen to use drugs or alcohol in the beginning, you didn’t choose to become addicted, that it is something that happens regardless of your intentions. This helps reinforce the fact that even trying drugs or taking a drink once can be risky behavior for them.

Foster a Trusting and Hopeful Relationship

When to talk to your children about your past substance abuse is a choice only you can make. When you (and they) are ready, make sure that you give the subject the time that it deserves. Limit distractions while you are talking and be prepared to answer your kids’ questions. However, they may not know what to say or ask at first – it may take them a while to process what you’re telling them. It may be beneficial to have your spouse there as well, or a counselor if you have a difficult relationship with your children.

While talking to your kids about this subject may be difficult, you are ultimately fostering a relationship of trust and hope with them. Your sharing prompts them to share. And seeing you now, in recovery, shows them that even really hard things can be overcome- with the right help.

Media Contact HQ

Rene William

(908) 364-5755

source: https://www.summitbehavioralhealth.com/blog/addiction-treatment-experts-explain-tell-kids-addiction/

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March 28, 2017 – – Conversion Strategies, an internet marketing firm based in Lombard, IL, has announced that they have recently published a new website for a mixed martial arts school in Granbury, TX. The school has already seen an increase in engagement since the website was launched. This demonstrates the importance of having an excellent website, as it boosts credibility and encourages visitors to learn more about the business.

Dave Mulcahy from Conversion Strategies says: “At Conversion Strategies, we help local businesses use the internet to get more customers and make more sales. Our internet marketing strategies focus on helping them get more customers from the internet.”

The company’s marketing services follow a simple process. First, they help businesses gain more attention online. They then ensure that those who find the business online will quickly develop trust in the business. Finally, they make it simple for online visitors to contact the business. When done properly, those elements inevitably lead to a great outcome: more customers. Conversion Strategies says they offer one of the most affordable packages for martial arts web design on the market today, which is also attracting a lot of customers.

Those who have worked with the company have been very pleased with the results. Jeff K. from Kyuki-Do Martial Arts says on the company’s website: “I highly recommend Dave and his team to any small business looking to fuel their growth through internet marketing.” Van B. from AKF Martial Arts agrees, saying: “We have really loved their work and our business has benefited greatly since our website was done.”

The newest martial arts school to work with Conversion Strategies is known as Poland’s Mixed Martial Arts and is the most recent in a long line of martial arts businesses that has worked with Conversion Strategies and that has noticed almost instant positive results. Besides martial arts companies, Conversion Strategies has also worked with various gyms, CrossFit, and dance schools, as well medical and dental clinics, which have experienced similar results. Conversion Strategies has developed internet marketing services that have been proven to work across various niches and industries, and applies those to their clients’ needs. Most importantly, they do this in a way that is truly affordable, thereby helping small companies make their mark on their local community.

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Contact Conversion Strategies:

David Mulcahy
4146046086
info@conversionstrategies.net
Lombard, IL 60148

ReleaseID: 60015359

Boca Raton, FL, USA, 03/27/2017 /SubmitPressRelease123/

Residents of nursing homes may need to take several medications to help treat the medical challenges they face. If the wrong drug is taken, or the right medication is given but at the wrong dosage at the wrong time, there can be severe health consequences says Boca nursing home abuse lawyer Joe Osborne.

These medication errors are common in the healthcare system in general and in nursing homes in particular.

The U.S. Food and Drug Administration defines a medication error as:

Any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient or consumer.

Such events may be related to professional practice and systems, including: prescription, order communication, product labeling, packaging, compounding, dispensing, distribution, administration, education, monitoring and use.

The Office of Inspector General of the Department of Health and Human Services looked into the issue of medication errors in skilled nursing facilities. After their investigation they issued a report in 2014 which found:

About 22% of Medicare patients experienced adverse events during their stays.

79% of those suffering adverse events needed to stay in facilities longer or needed hospital treatment, 14% needed medical intervention to save the person’s life and 6% of the time the medication error contributed to or caused the resident’s death.

In one month’s time (August 2011) an estimated 1,538 Medicare patients in skilled nursing facilities nationwide died with medication errors at least partially to blame.

Medication errors caused “cascade events” in 3,986 residents where errors triggered multiple medical issues in residents often suffering from more than one medical condition.

Another 11% suffered temporary harm during their stays. In many cases the harm was only temporary because of quick responses by staff.

Physicians reviewing the issue found that 59% of adverse and temporary harm events were clearly or likely preventable.

The top problems were substandard treatment, inadequate resident monitoring and failure or delay of necessary care.

More than half of the residents who suffered harm needed hospital treatment (a total of 20,393 people), costing Medicare an estimated $208 million in just one month, August 2011.

For fiscal year 2011 the report estimated that medication errors cost Medicare $2.8 billion for hospital treatment due to harm caused by medication errors in skilled nursing facilities nationwide.

There are many potential reasons why medication errors occur, they aren’t discovered until it’s too late and residents are not treated appropriately.

Overworked staff caring for too many residents may be in a rush to get work done before a shift is over.

Poor communication or errors in medical records can result in the wrong drug or wrong dosage being used.

Residents may not know what medications they need to take and are unable to ensure they’re being treated properly.

If a family member living in an assisted living facility or nursing home in Miami-Dade, Broward or Palm Beach Counties suffered harm because of a medication error, contact Boca Raton nursing home abuse lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. We can talk about the situation, how the law could apply in your case and the best legal options to protect your rights and obtain compensation for your loved one’s injuries.

source: http://www.oa-lawfirm.com/medication-errors-threaten-residents-says-boca-nursing-home-abuse-lawyer/

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ReleaseID: 23039