Sexual Harassment: Rights of the Accused by My Employment Lawyer #employment,labor,law,legal,discharge,fired, #employee,employer,severance,job,wage, #pay, #non-competition,noncompete,labor,employee #law,at-will


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Sexual harassment and the Rights of the Accused

By Neil E. Klingshirn

Sexual harassment and the Rights of the Accused

Federal and state laws protect employees from harassment because of sex in the workplace. As a result, almost all employers today have policies that

  • prohibit sexual harassment
  • encourage employees to complain about sexual harassment;
  • provide for prompt investigations into sexual harassment complaints; and
  • require appropriate corrective action for violations of the sexual harassment policy.

In many cases, corrective action means immediate termination of the accused.

What happens if the accusation is false?

Employers can take no corrective action against the accused and can even discipline the complainant for a false complaint. However, the employer runs the risk that, if the accusation was true, the victim of the harassment can take it to court. Thus, employers often take no chances. They opt for firing the accused, who has limited rights under federal and state laws to challenge their termination.

Do the Wrongfully Accused have Any Rights?

Not directly. An employer is free to terminate an employee for no reason or even a bad reason, so long as it is not a reason prohibited by law. Discharging an employee based on a suspicion of improper behavior is not unlawful, even if the suspicion is not correct. Thus, the law does not prohibit an employer from taking the easy way out of a difficult situation by terminating the accused.

However, if the real reason for the discharge is unlawful, covering up the real reason with a false accusation of harassment can lead to employer liability.

When will an employer become liable for a false accusation of harassment?

A case in Wisconsin illustrates what can happen when an employer discharges a falsely accused employee for the wrong reasons. In the case of Mackenzie v. Miller Brewing Company:

  • A male manager told a female co-worker about a racy Seinfeld episode. In the story Jerry forgot the name of his date. Her named rhymed with a female body part. He eventually remembered that his date’s name was Dolores.
  • The female co-worker “didn’t get it,” so the male showed her the body part in an anatomically correct dictionary. She later complained to his supervisor that she was offended. He apologized. Company attorneys questioned him and the company fired him two hours later.
  • At trial, the jury (10 women, 2 men) did not believe that the female co-worker was actually offended by the Seinfeld discussion. Instead, the jury found that she had made similar and more graphic references at work; and
  • She had learned that she would soon report to him and did not want to do that. Moreover, the supervisor that she convinced to fire McKenzie had earlier intentionally interfered with McKenzie’s ability to obtain a promotion by telling upper management that he was not suitable for promotion, then lied to McKenzie about it.

The jury based its award on some unique features of Wisconsin law and the facts of this particular case. However, the resulting large verdict received significant media coverage. As a result, careful employers believe that they should respect the rights of the accused.

What should careful employers do to respect the rights of the accused?

First, someone accused of workplace misbehavior has the same rights as anyone else to be free from discrimination. An employer thus cannot punish the accused more harshly than someone outside of the accused’s protected class. In other words, if the accused is a 50-year-old manager and the owner has condoned the same or similar behavior by a younger member of management, the owner runs the risk of an age discrimination suit if it treat the 50-year-old manager more harshly.

Second, conduct a thorough investigation. An employer should not conduct a “Kangaroo Court” unless it wants a jury second guessing what the employer might have found if it had looked at all of the facts.

Third, an employer should act on a good-faith belief that the allegations are true before taking adverse employment action. If the employer does not believe that the accusation is true, a jury probably will not believe it either. Since a jury can base a finding of discrimination or retaliation on proof that an employer’s stated reason for termination is false, a false accusation can lead to discrimination or retaliation liability.

Fourth, an employer may not defame an employee. Although employers generally have a defense against defamation suits for disclosing an employee’s performance related information, the employer can lose that defense by maliciously publishing false information or by disclosing the false information to people who do not “need to know” the results of the investigation.

Fifth, an employer cannot conduct a criminal background check using an outside agency without an employee’s prior consent to the background check. Similarly, an employer cannot take action on a background check by by an outside agency before it notifies the employee of the result of the investigation. The right to consent to an investigation and to see the results of the investigation do not, however, apply to investigations conducted in-house by the employer or its attorney.

What should I do if I am wrongfully accused of harassment?

We suggest that you:

  1. Hire experienced employment counsel.
  2. Insist on a thorough, unbiased investigation.
  3. Object strenuously to witch hunts;
  4. Ask to see evidence or other support for a “good faith belief” that you engaged in sexual harassment or other inappropriate conduct;
  5. Obtain assurances that the investigation into the allegations are disclosed only on a “need to know” basis;
  6. Question whether the punishment, if any, is evenly applied.

What’s the bottom line? Will the laws protect me against a wrongful accusation?

Not always. At best, most safeguards against wrongful accusation are procedural or offer little actual protection.

However, if you are accused of sexual harassment, know your rights. Fortney Klingshirn has successfully represented hundreds of Cleveland, Akron and Northeast Ohio individuals and employers in sexual harassment and other employment matters. Contact us to see if we can help you.


Sample Call Center Job Description #call #center #job #description,call #center #employment,free #job #descriptions


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Call Center Job Description

The call center job description provides a clear understanding of the call center agent’s role in both outbound call centers and the inbound call center.

The call center function varies from one industry to the next but there are tasks and skills common to most call center jobs regardless of company specifics.

This detailed job description can be adapted to suit your specific job requirements.

CALL CENTER AGENT

Inbound Call Center Job Description

Answer incoming calls from customers to take orders, answer inquiries and questions, handle complaints, troubleshoot problems and provide information.

Main Job Tasks and Responsibilities

  • answer calls and respond to emails
  • handle customer inquiries both telephonically and by email
  • research required information using available resources
  • manage and resolve customer complaints
  • provide customers with product and service information
  • enter new customer information into system
  • update existing customer information
  • process orders, forms and applications
  • identify and escalate priority issues
  • route calls to appropriate resource
  • follow up customer calls where necessary
  • document all call information according to standard operating procedures
  • complete call logs
  • produce call reports

Education and Experience

  • high school diploma or equivalent
  • proficient in relevant computer applications
  • required language proficiency
  • knowledge of customer service principles and practices
  • knowledge of call center telephony and technology
  • some experience in a call center or customer service environment
  • good data entry and typing skills
  • knowledge of administration and clerical processes

K ey Competencies

  • verbal and written communication skills
  • listening skills
  • problem analysis and problem solving
  • customer service orientation
  • organizational skills
  • attention to detail
  • judgment
  • adaptability
  • team work
  • stress tolerance
  • resilience

Outbound Call Center Job Description

Interact by phone with outside parties to solicit orders for goods or services, request donations, make appointments, collect information or conduct follow-up.

Main Job Tasks and Responsibilities

  • contact businesses or private individuals by phone
  • deliver prepared sales scripts to persuade potential customers to purchase a product or service or make a donation
  • describe products and services
  • respond to questions
  • identify and overcome objections
  • take the customer through the sales process
  • obtain customer information
  • obtain possible customer leads
  • maintain customer/potential customer data bases
  • follow up on initial contacts
  • complete records of telephonic interactions, orders and accounts

Education and Experience

  • high school diploma or equivalent
  • proficient in relevant computer applications and call center systems
  • good typing skills
  • knowledge of sales principles and methods
  • proven track record in sales
  • required language skills
  • communication skills
  • persuasiveness
  • problem solving
  • adaptability
  • tenacious
  • negotiation skills
  • stress tolerance
  • high energy level

Do you need some help with your resume? Use the sample call center resumes to help you develop a winning call center resume.

Related Job Descriptions


Employment Lawyers – Sexual Harassment Lawyer – Levine – Blit, new york employment lawyers.#New #york


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It’s Time to Fight Back!

Whether you were a victim of employment discrimination or suffered a personal injury, the Experienced and High Powered Employment Lawyers at Levine & Blit will help.

The Legal Team Approach

Often large companies have teams of lawyers working hard on their side to defend against you. At Levine Blit we believe that the best way for you to fight back is with a legal team of your own. Most plaintiff firms will only have one entry level associate on your side, but at Levine Blit every case has a high-powered legal team fighting for you.

New york employment lawyers

Firm Practice Areas

Don t be intimidated or bullied by the high-priced lawyers of big business. The employment attorneys at Levine Blit have successfully won multi-million dollar settlements and verdicts for our clients in a variety of cases – from employment discrimination to personal injury.

New york employment lawyers

Employment & Discrimination Law

Unfair treatment at work is a real problem. Stand up for yourself now!

New york employment lawyers

Personal Injury

Have you been injured in a car accident, construction mishap, or other negligence. Get compensated!

New york employment lawyers

Sexually Transmitted Diseases

STDs are a touchy subject. If someone knowingly infected you, we will fight for you and protect your privacy.

New york employment lawyers

Severence / Separation Agreements

Separation agreements protect the company, not you. Talk to us before you sign that agreement.

New york employment lawyers

Labor Law

Unions should protect your rights. When your rights are violated, let us be your voice.

New york employment lawyers

Unpaid Wages / Overtime

Feeling overworked and underpaid. Chances are you are misclassified and should get overtime.

New york employment lawyers

Commercial Real Estate

We know how important it is to our clients to expedite deals through closing, while still paying the utmost attention to every detail.

New york employment lawyers

No Fault Litigation

We represent medical providers in collecting their denied and outstanding No Fault claims.

F 310.281.0140″>New york employment lawyers New york employment lawyers New york employment lawyers New york employment lawyers New york employment lawyers P 212.967.3000

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A True Nationwide Law Firm

Don t settle for an attorney just because he is local. Levine Blit has the expertise you need. Although our main offices are located in New York and California, our employment attorneys are admitted to practice law in several other states.

New York, California, Pennsylvania, Illinois*, Connecticut, Florida**, New Jersey, Massachusetts, and Virginia

Call (212) 967-3000 today for a FREE telephone evaluation.

* Matthew Blit is admitted in the United States District Court of Illinois, Northern District

** Russell Moriarty is the only partner of the firm admitted to practice law in Florida

I felt alone, scared, and worried about ever getting a job again. Levine Blit turned the tables and my employer became the one that was scared! My case was resolved quickly and Levine and Blit protected my reputation. I am now working again in a better job with a better salary! Most importantly I regained my self esteem and my dignity. I am so glad I chose Levine Blit!

Levine Blit, PLLC: 350 Fifth Avenue, 36th Floor, New York, NY 10118, 866-254-8529

Levine Blit, LLP: 8383 Wilshire Boulevard, Suite 945, Beverly Hills, CA 90211, 310-281-0100

Levine Blit, PLLC 499 South Warren Street, Suite 500B Syracuse, NY 13202, 315.366.8055

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ATTORNEY ADVERTISING: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


Animator – Career Profile #animator,employment #trends,salary #trends,types #of #jobs,california #animation #schools,education/training #requirements,careers #in #animation


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Animator – Career Profile

What does an Animator do? Where does an Animator work? ACR takes a look:

Animators create animation and visual effects for films, video games, television, mobile devices, and other forms of media using illustrations and software programs. Adobe After Effects, Adobe Premiere, Autodesk3ds Max, and Autodesk Maya are just a few leading software programs for animators. Animators also create graphics and develop storyboards, drawings and illustrations. They create, plan, and script animated narrative sequences, and assist with background design and production coordination.

The Bureau of Labor Statistics combines multimedia artists and animators into one career group. According to the Bureau, “multimedia artists and animators often work in a specific medium. Some focus on creating animated movies or video games. Others create visual effects for movies and television shows. Creating computer-generated images (CGI) may include taking images of an actor’s movements, which are then animated into three-dimensional characters. Other animators design scenery or backgrounds for locations.”

The Bureau reports that multimedia artists and animators work primarily in the following industries:

  • Motion Picture and Video Industries
  • Computer Systems Design and Related Services
  • Software Publishers
  • Advertising, Public Relations, and Related Services
  • Specialized Design Services

The Bureau also mentions that a staggering 57 percent of animators were self-employed in 2012. This is the most current figure for self-employed animators. These professionals, not just the self-employed, often work from home. Others work at film, animation or video game production studios, cartoon networks, advertising agencies, web design firms, graphic design firms, and mobile technology companies. Some work in office settings.

Programs to Consider:

At the end of 2014, the median annual wage for multimedia artists and animators was $61,370 per year. The lowest paid multimedia artists and animators earned less than $34,860. The highest paid earned $113,470 per year. At $72,680, multimedia artists and animators working in the motion picture and video industries earned the highest median annual wage of the top five industries for this profession.

It is important to keep in mind that salaries for multimedia artist and animators may vary by experience, type and size of company, and even geographic location. For example, California-based multimedia artists and animators average $88,150 per year—the nation’s highest average salary for this profession, while Arkansas-based artists average $40,890—one of the lowest.

The top five highest paying states for multimedia artists and animators were California ($88,150 per year), Washington State ($76,900), District of Columbia ($76,110), New York ($72,530), and New Mexico ($70,310).

Becoming an Animator

There are so many paths to becoming an animator today you’ll lose count. Just a few options include a Bachelor of Art (BA), Bachelor of Science (BS) and/or a Bachelor of Fine Art (BFA) in Animation, Animation Digital Arts, Media Arts Animation, Computer Animation, Computer Graphics, Media Arts Science, Fine Art, and even Computer Science (with an Emphasis in Animation). Courses common to these degree paths and other related programs include Drawing, 2-D Animation Production, 3-D Animation Production, and Stop Motion. Animators also study anatomy to study how animals and humans move in order to make character movements more realistic.

In addition to a 4-year degree, many employers look for at least two years’ experience in the industry, and advanced technology skills. Entry-level positions may require only a degree and experience through an internship or other support position. Senior level positions may require at least five to seven years’ professional experience in the industry and possibly an advanced degree. In fact, more schools than ever before now offer Master of Fine Arts (MFA) degrees in Animation, Animation Visual Effects, Animation Digital Arts, and more. Some schools in the U.S. (and many in Europe and Asia) even offer PhD programs in Digital Arts Animation, Multimedia Animation, Computer Science with an Animation Emphasis and more.

Job Trends for Animators

Employment for this group is expected to grow six percent from 2012 to 2022. Projected employment growth for animators and multimedia artists will be the result of increased demand for animation and more realistic visual effects in video games, films, and television. However, job growth may be slowed by companies hiring artists and animators who work overseas for lower wages. The increasing demand for computer graphics for mobile devices may counter slow growth by creating more job opportunities in the massive mobile industry.

Despite slow job growth, competition for job opportunities in animation will remain strong. The Bureau says, “Opportunities should be best for those who have a wide range of skills or who specialize in a highly specific type of animation or effect.” Still, in 2014, the U.S. was home to an impressive population of 68,900 multimedia artists and animators, making it the third largest career field in the world of Art and Design. At 259,500, graphic designers represent the largest group.

Job opportunities for animators and multimedia artists can be found all over the U.S. However, five states have the highest employment levels. California has the highest, followed by New York, Washington, Texas, and Illinois.

Awesome Animation Fact. Animation has been around for a lot longer than you think. According to Computer Science for Fun (published by Queen Mary, University of London), a 5,200-year old bowl found in Iran features an early precursor of animation. Along the bowl’s side are five drawings that, when viewed in a sequence, depict a wild goat leaping up to eat leaves off a tree.

  • Google Plus One

Melissa Iyer Julian #attorney, #lawyer, #partner, #lawsuit, #divorce, #dispute, #complaint, #corporation, #partnership, #business #law, #corporate


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Melissa Iyer Julian

Melissa Iyer Julian has been practicing with Burch Cracchiolo since 2006. Melissa s practice focuses on complex business litigation matters and corporate transactions, including mergers and acquisitions, stock or membership purchases, asset purchases, and commercial lease negotiations. She has represented numerous businesses, including trucking companies, and trucking brokerage companies in connection with contract disputes, personal injury litigation, employment litigation, insurance coverage disputes, and other corporate matters.

Melissa also maintains an active civil appellate practice and has argued several times in both divisions of the Arizona Court of Appeals as well as the Ninth Circuit Court of Appeals. She also serves as a mediator on a variety of commercial disputes and in 2015 alone, she successfully settled cases involving professional malpractice, commercial lease disputes, and deficiency liability.

Honors Awards

AZ Big Media: 20 Most Influential Millennials working in Arizona, 2017
Selected, Southwest Super Lawyers Rising Star, 2012-2017
Selected, Arizona Business Magazine Top Lawyers, Business/Corporate Law, 2014

Representative Engagements

Successfully represented trucking company in employee disputes, coverage disputes with company s insurer, and analyzing and responding to concerns regarding regulatory compliance with Department of Transportation regulations

Successfully mediated various private disputes on a wide variety of issues including legal malpractice, guarantor liability, and commercial lease disputes.

Successfully obtained a 1.1 million dollar verdict for a commercial diving company against its insurance agent for professional malpractice and breach of contract to procure insurance.

Defended multi-million dollar case involving a Ponzi scheme and alleged third-party liability for professional negligence and aiding and abetting.

Prosecuted claims involving multi-million dollar losses on behalf of receivership, arising out of Ponzi scheme and third-party aiding and abetting liability.

Assisted B C team in editing and drafting Membership Interest Purchase Agreement and accompanying disclosure schedules along with due diligence review for transaction valued at over $200 million dollars

Acted as lead counsel in complex restructuring and recapitalization transaction affecting partner compensation, ownership, and management of a professional corporation (law firm);

Negotiated and drafted complex commercial retail lease agreements and other business contracts including subcontractor agreements, vendor agreements, employment agreements, and commercial real estate loans.

Professional Leadership

Judge Pro Tem. Maricopa County Superior Court
Executive board member, Arizona Women s Leadership Forum 2012-2016
Speaker/Panelist, Work Life Integration Plan, Arizona Women s Leadership Forum, November 2012

Professional Affiliations

Maricopa County Bar Association
Arizona Women Lawyer s Association
Young Lawyers Division of Arizona Bar Association

Presentations and Publications

“Avoiding the Pitfalls of Doing Business with Tribal Governments and Entities”, Primerus Paradigm magazine, Fall 2012 issue, co-authored with Todd Julian

“Don t Go to Hell: The Ten Commandments of Business Litigation and Why Following Them Will Keep You Out of Court”, e-book chapter Execsense, October 2012

“Misconduct: Are You Your Employee s Keeper?” by Melissa Iyer Julian

Speaker, Arizona Women s Leadership Forum, “Mastering the Art of Negotiation: The Power of Personal Contacts,” October 2015

Reported Cases

District of Columbia v. Heller, 554 U.S. 570 (2008) (as amicus curiae)

Horne v. Flores, 129 S. Ct. 2579 (2009)

Arizona v. Inter Tribal Council of Arizona, Inc. 133 S. Ct. 2247, 186 L. Ed. 2d 239 (2013)

Flores v. Huppenthal, 789 F.3d 994 (9th Cir. 2015)

Beltran v. Harrah s Arizona Corp. 220 Ariz. 29, 202 P.3d 494 (Ct. App. 2008)

In re Estate of Zilles, 219 Ariz. 527, 200 P.3d 1024 (Ct. App. 2008)

Dooley v. O Brien, 226 Ariz. 149, 244 P.3d 586 (Ct. App. 2010)

Smith v. Pinnamaneni, 227 Ariz. 170, 254 P.3d 409 (Ct. App. 2011)

Community Involvement

TGen Official Ambassador
Arizona Bar Foundation, Next Generation Founding Fellow
Camelback High School, Toastmasters Program
Member, Amicus Committee, State Bar of Arizona
Member, Editorial Board, Arizona Attorney magazine, 2015
Member, Board of Directors, Arizona Women s Leadership Forum
Volunteer attorney Arizona Domestic Violence Assistance Program
Board member, Beatitudes Agelink, December 2010-October 2012

Assistant


Video Game Designer – Career Profile #video #game #designer,employment #trends,salary #trends,types #of #jobs,education/training #requirements,careers #in


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Video Game Designer – Career Profile

Video Game Designer Jobs

Video game designers perform a number of tasks as a part of the design process. They design user interfaces, create storylines and characters, and role-play mechanics and gameplay prototypes. Video game designers collaborate with artists to fine tune the visual style for games. They map out missions, puzzles, and other challenges for players to face during game play.

While most video game designers work in gaming studios, some work at advertising and design firms, web design firms, multimedia companies, mobile technology firms, and software development firms. They may hold titles such as lead designer, game developer, game designer, interactive designer, lead mobile game designer, lead game developer, senior game designer, and many others.

Video Game Designer Salaries

Video game designers belong to the broader career group “Applications Software Developers.” According to the Bureau of Labor Statistics, the average salary for applications software developers is $90,060 per year. The lowest 10 percent earn less than $55,190 per year, and the top 10 percent earn more than $138,880 per year, says the Bureau. Several employment and salary websites report that video game designers (as a single career group) average between $70,000 and $90,000 per year.

While video game designers are among the highest paid professionals in the world of entertainment, individual salaries vary greatly depending on experience, education, area of expertise (video games, mobile technology, interactive games for education), company, benefits, industry, and geographic location. For example, the top five highest paying states for developers are California (average $112,180 per year), Washington ($111,380), Maryland ($110,160), Virginia ($103,680), and New York ($103,390).

Becoming a Video Game Designer

If you are interested in becoming a video game designer, there are several paths to take. A bachelor’s degree or higher in games and interactive entertainment, game design, game development, game design and development, game programming or computer science, software development, software engineering, computer systems, animation, or mathematics with an option or focus in games.

In addition to a degree in any of the fields listed above, employers require a minimum of two years’ experience for intermediate positions. For upper level positions, employers typically require an advanced degree, plus three to five years’ professional experience in the industry. For entry-level positions, a degree plus experience through an internship or other support position is acceptable.

Job Trends for Video Game Designers

Employment growth in the software development industry is projected to grow 22 percent overall for the 2012-2022 decade. This is much faster than average for all occupations. Even more promising is employment levels in some states are higher than others. Further, 10 metropolitan areas currently offer the highest employment levels of all metro areas across the U.S. The top five states with the highest employment levels for developers are California, Washington, Texas, New York, and Virginia. The top five metro areas for developers are Seattle-Bellevue-Everett, WA.; New York-White Plains-Wayne, NY-NJ; Washington-Arlington-Alexandria, DC-VA-MD-WV; San Jose-Sunnyvale-Santa Clara, CA. and Chicago-Joliet-Naperville, IL.

According to the Bureau of Labor Statistics, the main reason for the rapid growth in the software development industry is a large increase in the demand for computer software. Mobile technology requires new applications as well. Further, consumers will continue to demand more realistic video games as studios continue to push the envelope. The result? The Entertainment Software Association (ESA) and Economists Incorporated report that the game industry is growing four times faster than the U.S. economy and annual job growth increased more than 13 times the rate of the U.S. labor market between 2009 and 2012.

Awesome Game Fact. Did you know that games began to appear almost as soon as computers appeared? In the late 1960s, Spacewar! was created, partly as a way of experimenting with one of the earliest computers, the PDP-1, developed by Digital Electronic Corporation.-Gale Cengage Learning, Macmillan Reference

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Jobs in Temecula, CA – Search Temecula Job Listings #temecula, #california #jobs, #temecula, #california #job


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Jobs in Temecula, California

Temecula, CA Employment Information

Temecula, California Overview

Temecula is on the southwest side of Riverside County with a population of just over 105,000. North of Temecula is Murrieta and the Pechanga Indian Reservation, and south of Temecula is San Diego County. It is a popular tourist destination since it is home to many wineries, the Temecula Valley International Film Festivals and various resorts that provide a relaxing atmosphere for couples, individuals and families.

There are also championship level golf courses located throughout the city, which draw a lot of interest from people around the world. Many tourists come to visit during the Temecula Valley Balloon & Wine Festival, as well. Some of the top industries that support Temecula’s economy include tourism, finance, retail, education, leisure and healthcare, so there are many Temecula jobs available in these areas. The cost of living is approximately 42 percent higher than the national average, but it is slightly lower than other areas of California. The average household income is $78,668, higher than the national average of $53,046.

Temecula Job Opportunities

Abbott Laboratories is the top employer for Temecula jobs, which provides jobs to 3,120 employees. Some of the other top employers include Temecula Valley Unified School District, Professional Hospital Supply, Macy’s and Costco Wholesale. There are quite a few job opportunities in various industries, so newcomers or those who are starting out in the workforce can find employment throughout the city. Some of the top Temecula, CA jobs are in the hospitality industry, such as jobs in hotels in reception, housekeeping, reservations or event planning, or jobs in restaurants, golf clubs and other similar atmospheres. Candidates who are looking for jobs in Temecula can find many different options.

Temecula Employment Trends

The employment trends for jobs in Temecula, CA seem to be on the rise. In the recent past, the job market has grown by about 1 percent, which is close to the national average. The future job growth projection in Temecula is at 36.7 percent, which is higher than the national average of 36.1 percent. The unemployment rate in the area is also lower than the average rate in the United States. The top industries by percentage of employed professionals include management, finance, business, engineering, science, social services, education, and healthcare. With its close proximity to exciting and unique locations in California, as well as easy access to nearby beaches, Temecula is an up and coming area of the state.


At-Will Employment Agreement with Non-Compete Clause #inspection #employment #agreement #nick #gromicko, #nachi, #internachi, #home #inspector,


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At-Will Employment Agreement with Non-Compete Clause

(Revised January 19, 2008)

Below is suggested language to help attorneys of InterNACHI members draft an employment agreement. An employment agreement should be used by members when hiring other inspectors.

The language contains a non-compete clause. Enforceability of non-compete agreements varies from state/province to state/province, and members are encouraged to seek advice from their own local counsel. If the home inspection business ( Employer ) is an LLC or a corporation, make sure that the LLC or the corporation (not the owner) is listed as the Employer on the document. This language assumes that the employee is going to be a true employee and not just an independent contractor.

This language also assumes that the Employer will be providing formal training or on-the-job training. In some states, non-compete clauses are not enforceable unless the Employer has provided training or some other benefit to the Employee such that it would be unfair to allow the Employee to then directly compete with the Employer. The Employer should keep accurate wage and work records, as well as document any formal training or on-the-job training provided. The Employer should also include in the agreement a description of any benefits (vacation time, health care, etc.) being provided to the employee.

AT-WILL EMPLOYMENT AGREEMENT

This is an At-Will Employment Agreement (“Agreement”) between ____________ (“Employer”) and _________ (“Employee”), collectively referred to as “the parties.” In consideration of the mutual promises set forth herein, the parties agree as follows:

1. Title and Salary. Employer will employ Employee as a home inspector and pay Employee a gross salary/wage of ________. There are no other job benefits unless set forth herein in writing. Employer makes no promises regarding the number of hours it will ask Employee to work in any given time period; Employee understands that the number of hours may vary with the needs of Employer.

2. Policy Manual and at will Status. This is an “At Will” employment agreement. Nothing in Employer’s policies, actions, or this document shall be construed to alter the “At Will” nature of Employee’s status with Employer, and Employee understands that Employer may terminate his/her employment at any time for any reason or for no reason, provided it is not terminated in violation of state or federal law.

3. Non-Competition Agreement. In consideration of the training to be provided by Employer to the Employee, Employee will not, either during employment with Employer or for a period of two years thereafter, directly or indirectly, for himself/herself or any third party, accept employment or engage in any business or activity which is directly or indirectly in competition with Employer. Employee will not solicit any current customer or potential customer of Employer identified during the course of employment with Employer, or otherwise divert or attempt to divert any existing business of Employer. Employee will not, either during employment with Employer or for a period of two years thereafter, either directly or indirectly, for Employee or any third party, solicit, induce, recruit, or cause another person in the employ of Employer to terminate his/her employment for the purpose of joining, associating or becoming employed with any business or activity which is in competition with any products and/or services sold, marketed, or provided by Employer. The geographical area to which this non-competition agreement applies is any area in which Employer currently solicits or conducts business, and/or any area in which Employer plans to solicit or conduct business for a period of two years after Employee leaves employment with Employer. Both parties agree that the time and scope of this Non-Competition agreement are reasonable. If a court finds the time and/or scope of this Non-Competition agreement unreasonable, it should reasonably modify the agreement to protect the Employer to the maximum permitted by law.

4. Return of Employer’s Property. At any time upon the demand of Employer, and in any event, upon termination of employment with Employer, Employee will immediately deliver to Employer all data, manuals, specifications, lists, notes, writings, customer and product lists, photocopies, microfilm, tape recordings, computer disks, patterns, art work, and all other documents or tangible materials whatsoever, including all copies or duplicates, concerning any part of Employer’s activities or concerning any part of my activities as an employee. Employee acknowledges that all such items, including Employee’s own notes, are the property of Employer, though they may be entrusted to Employee on a temporary basis.

5. Confidentiality. Employee will not, either during employment with Employer or at any time thereafter, except as required in the conduct of the business of Employer or as authorized in writing by Employer use, publish, disclose, appropriate or communicate, directly or indirectly, any of the following information which Employee, in any way, have acquired or may acquire during, or by reason of, employment with Employer:

a. marketing, sales, service, cost, business method, formula, product specification, planning, engineering, and/or technical information relating to Employer, as well as customer lists and/or any other information which could give any third party an opportunity to obtain advantage over competitors who did not know such information; and

b. trade secrets, which are used by Employer and which give it an opportunity to obtain an advantage over competitors who do not know those trade secrets.

6. Injunction Relief. Employee understands that in the event Employee violates any provision of this Agreement, Employer will have the full right to seek injunctive relief, in addition to any other existing rights provided in this agreement or by operation of law, without posting bond.

7. Damages. In the event Employee violates any provision of paragraphs 3-6 above and Employer determines that actual damages cannot reasonably be ascertained, Employer may elect, at its sole discretion, to recovered liquidated damages in the amount of $100,000.00 plus court costs, litigation expenses, and actual and reasonable attorneys’ fees.

8. Attorneys Fees, Costs, Venue. In the event of litigation arising out of this agreement, the parties agree the exclusive venue for such litigation shall be in the County of Employer’s primary place of business. The parties agree that if Employer prevails in any litigation the Employee shall pay the Employer’s reasonable attorneys’ fees and costs.

9. Scope and Term of Agreement. Employee understands this agreement applies regardless of whether there are any changes in Employee’s job duties, job title, and/or the location of the place of work. This agreement shall remain in full force and effect if Employee voluntarily terminates employment and thereafter is rehired; under such circumstances, Employee need not execute a new agreement, but will be bound by the terms of this agreement.

10. Severability. If any provision of this Agreement shall be held invalid by a court of law for any reason, the remaining provisions shall remain in full force and effect.

11. Modification. This agreement may not be waived, changed, modified, abandoned, or terminated, in whole or in part, except by an instrument signed by Employer and by Employee.

12. No Other Agreements. There are no agreements between the parties other than those set forth herein. The parties intend this document to be a full and complete statement of their agreement, and all prior discussions are merged into this document. Employer has made no representations to Employee other than those specifically set forth herein.

13. Interpretation Clause. Employee agrees that Employer has given Employee the opportunity to have this document reviewed by an attorney. The parties negotiated the terms herein. This Agreement shall not be interpreted more strictly against either party merely because that party drafted it.

14. Assignability. Employee agrees that the terms of this agreement will continue in full force and effect if Employer or substantially all of its assets is/are acquired by another owner.


Chicago Immigration Lawyer #chicago #employment #attorney


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Chicago Immigration Lawyers

Our Chicago immigration lawyers are dedicated to achieving your goals in a competent, trusting and resulted oriented manner. Contact our law firm today and schedule a consultation!

As Immigration law is complex and evolving, our immigration lawyers pledge to counsel and represent you every step of the way, providing superior services, innovative solutions, and accessibility through the complicated immigration laws. With over 25 years of combined legal experiences, our best immigration attorneys can provide you the highest quality of service and advice that will achieve your goals with the least amount of stress and risk at the very best value. We put our clients needs to practice and guarantee in every case you will have at least an experienced immigration lawyer and a team of professional paralegals devoted to and working on your case, utilizing their years of experiences to provide the best possible solution for you. We guarantee that our clients stay well informed of their cases and that your case will be prepared and filed as soon as possible to reduce any unnecessary wait time. Upon filing your immigrant or visa application, we provide you with a realistic estimated wait time for your case to be processed by the relevant government agency. We guarantee to dedicate our best effort to accomplish your immigration goals.

Since Immigration Law is federal, our Chicago based immigration law firm can process cases for clients from all 50 states and overseas. Our attorneys in Chicago can help you with your immigration needs, regardless of your location.

Contact an experienced Chicago family based immigration office for assistance!

We routinely process the following non-immigrant visa petitions and green cards:

  • EB-5 Investor Program
  • EB-1 Employment based green card
  • National Interest Waivers (NIW)
  • H1B visa
  • L visa
  • I-601 Hardship Waivers
  • DACA applications for undocumented immigrants
  • U visa
  • K1 Fiancee visas and Marriage green card
  • Permanent Residence Applications
  • Citizenship Applications
  • other visas and green card petitions

You can fill out the contact form below with your information or question about your case, and we will contact you shortly.

Disclaimer:

The information contained on this website is intended to provide general education to its users and is not intended as legal advice to specific problems, facts or cases. Use of this website, the links to or from contacts through this website, or any response to requests for more information through this website should not be considered legal advise nor under any circumstances to have created a client-lawyer relationship. A clients-lawyer relationship can only be established after an initial consultation with a lawyer of this firm, a written retainer agreement has been entered into and signed, and payment of the retainer (including the clearing of any funds) has been completed.

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Online recruitment market #recruitment, #online #recruitment, #internet #recruitment, #human #resources, #job #sites, #job #boards, #e-recruitment,


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The Online Recruitment Resource

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“Today’s fall in the unemployment rate shows us just how strong the UK job market is at the moment. The figures are particularly impressive given that the ONS data covers March-May, a time when General Election campaigning and the sense of instability it caused was nearing its peak.

Commenting on the publication of Good work: the Taylor review of modern working practices, Recruitment Employment Confederation chief executive Kevin Green says:

Translating ambition into reality is the next big challenge, but regulation is not the silver bullet for workplace problems

GRiD, the industry body for group risk, is highlighting that SMEs, advisers and insurers should not ‘assume knowledge’ on each other’s behalf, and that a truly open conversation will be significantly advantageous for both employers and their staff.

Bullhorn®, the cloud computing company that helps staffing and recruiting organisations transform their businesses, has collaborated with JA Worldwide, one of the world’s largest youth-serving NGOs.

The facts speak for themselves, 84.4% of UK Workers are looking for a new job. Of those who aren’t looking for a new job, 35.8% admit that they dislike their current job.

Opus Professional Services Group, a global recruitment firm, is featuring in the Innovation 800 published by Cambridge University Students’ Union (CUSU), in partnership with St James House.

With new ways of working come new challenges, particularly for those managing a remote workforce. A new survey from global workspace provider Regus has identified the expectations of today’s workforce relating to flexible working and performance.

www.GetAppsDone.com is a job site and marketplace for App Builders and Companies wanting to get Apps built.

Wednesday, 12th July 2017 – Euston, London

…As half of professionals reveal they feel guilty about taking sick days

Surrey-based ESP HR has established a 4-strong Leeds-based legal team as the company prepares for further growth.

For the second year in a row, CareersinAudit.com has taken the title of Best Specialist Job Board at the prestigious 2017 Global Recruiter UK Industry Awards held in London on 29th June 2017, hosted by The Global Recruiter.

One third of London businesses currently offer work experience opportunities to young people, according to research commissioned by London Councils, with larger employers more likely than SMEs to have a scheme in place.

Recruiting is a key element in any business or company because it is devoted to hiring experienced and talented staff which will do their best in favor of organization. That is why a lot of attention is paid to this department – every company will squander money for a talented recruiter who will provide the skilled employees.

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