I believe my employer is discriminating against me because I am older than their average employee? What can I do?
This was my answer:Being treated differently than someone else is not necessarily illegal discrimination. An employer must have a legitimate, supportable reason for the action. For example, most banks treat employee applicants with criminal histories differently than they treat applicants with no criminal history. Banks have a legitimate reason for denying employment to convicted criminals. This is technically discrimination against criminals; however it is not illegal discrimination.
On the other hand, an example of illegal discrimination is denying a promotion to an employee because she is Asian. There is probably no legitimate link between the woman’s ethnic heritage and her ability to perform the job duties adequately.
I listed those two examples, to illustrate the wide spectrum of “discrimination”. If you believe you are a victim of age discrimination, you have several options. The first step is documentation. The key to proving discrimination is demonstrating a pattern.
Begin a diary. Each day list the events/comments/actions that you believe constitute discrimination. Be as specific as possible. Indicate how the action made you feel.
Read the company’s discrimination and grievance policy. Keep a copy of the policy in your files. Follow the grievance policy to the letter. In your diary, detail your company’s, if any, response to your grievance request.
The next step involves your state and federal Employment Equal Opportunity Commission. Go to the office, file the complaint and attach copies of your diary, policy, letters, and anything else relevant to your case. The EEOC will investigate your complaint. Once, the EEOC finishes its investigation and sends you a “right to sue” letter, and then you can contact your attorney.
As to whether you can win your age discrimination lawsuit, the answer depends on your situation.
Though I am a lawyer, I do not think the court is the best place to effect social change. A court is bound by its previous decisions. So, change in the courtroom is very slow and incremental. If you are really concerned about age discrimination, I believe political advocacy is your best option. You have to first convince (or remind) society that age discrimination is wrong. Your job will be to educate your community and colleagues. You will need to rally up support for your cause. Join organizations with missions similar to yours. Lobby; write letters to the editors; call your representatives; organize and march; vote. Follow the examples of our successful social movements, such as the Civil Rights Movement, the Women’s Rights Movement, and the Disability Movement.
I sincerely wish you luck.
Do you have a legal question? Ask us. Chat online free with our attorneys at www.mckeeoffice.com or send us your question at http://www.mckeeoffice.com/contactus.html. We will respond to you in 24 hours.
Sharmil McKee, Business Attorney
McKee Law Office
Philadelphia, Pennsylvania
www.mckeeoffice.com
]]>We have updated our Professional Networking Events in Philadelphia Calendar. Do you have an event that you want published on calendar? Email us the information to events@mckeeoffice.com.
Did you know that you can receive notices of upcoming networking events directly to your inbox? Sign up for our monthly Networking e-Blast at http://www.mckeeoffice.com/client_arlert.html
Have fun meeting new people!
Sharmil McKee, Business Attorney
McKee Law Office (Strategic Attorneys for Small And Mid-Sized Companies)
Philadelphia, PA
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The best contracts answer the following four basic questions:
1) What are you promising to do?
2) What happens if you break your promise?
3) What is the other person promising to do?
4) What happens if the other person breaks his/her promise?
I recommend drawing four squares on a piece of paper, and write one question in each square.
This is how it would look:
| What are you promising to do?
-pay regularly -give the person access to your records -meet regularly with the person to discuss ideas
| What happens if you break your promise?
-pay 1% interest as late fee -other person can terminate agreement
|
| What is the other person promising to do?
-find clients for you -submit written reports about his/her efforts -submit timely invoices -maintain your confidential information -agree not to steal clients or employees
| What happens if he/she breaks her promise?
-a $2000 fee -you have the right to terminate agreement
|
By the covering these basics while you and the other person are “still in love”, you will eliminate the major issues you are likely to “divorce” over later.
(Of course, see a lawyer for personalized advice.)
Good luck.
Sharmil McKee
Business Attorney
McKee Law Office
Philadelphia, Pennsylvania
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I know that you have been following the presidential candidate election. And like you, I am concerned about how each candidate’s platform will impact my business.
I will not espouse my opinion of the best candidate, because that would be irrelevant to you. However, I will help you collect information to make the best personal choice. Based on the blogs and boards I have read, small business owners are concerned about:
-taxes
-immigration‘s impact on employment
-job creation
-recession and the economy
-funding for small business administration
-healthcare
Before I begin, I want to list the issues you should not expect the Presidential Candidates to address. The following issues are controlled and governed by your state and local laws, not federal laws. The division is mandated by the constitution. So, do not become distracted when some candidates begin talking about these issues (even though the issues will possibly impact your business):
-crime prevention
-liquor and alcohol sales
-cigarettes and smoking bans
-lotteries and sweepstakes
-mandatory payroll deductions to pay for employee healthcare
-domestic partners benefits or rights
]]> Barak Obamahttp://www.ontheissues.org/Barack_Obama.htm
http://www.bloomberg.com/apps/news?pid=20601070&refer=home&sid=are4y0wpjqXU
Hillary Clinton
http://www.ontheissues.org/Hillary_Clinton.htm
http://www.usnews.com/blogs/capital-commerce/2007/6/26/does-business-really-love-hillary.html
John McCain
http://www.ontheissues.org/John_McCain.htm
http://www.allbusiness.com/economy-economic-indicators/economic-indicators/7067894-1.html
http://www.ocregister.com/articles/business-mccain-small-2005156-visit-harrison
I will admit that it was a little difficult finding information about McCain’s position on Small Business America.
I also thought it would be interesting to link to published donation reports for each candidate and required by the Federal Election Commission. Like Jerry Maguire said, “show me the money”.
(Barack Obama) http://herndon1.sdrdc.com/cgi-bin/cancomsrs/?_08+P80003338
(Hillary Clinton) http://herndon1.sdrdc.com/cgi-bin/cancomsrs/?_08+P00003392
(John McCain) http://herndon1.sdrdc.com/cgi-bin/cancomsrs/?_08+P80002801
Barack Obama received $250 of his contributions from PAC’s, while Hilary Clinton received $1,157,939 of her contributions from PAC’s. If you visit the Federal Election Commission’s website, you can view the complete list of donors for each candidate.
Also visit, OpenSecrets.org for contribution information. OpenSecrets.org is run by the Center for Responsive Politics. This organization uses the information submitted to the Federal Election Commission, to create interactive databases of who gives and who receives election contributions.
From lobbyists, Hillary Clinton received $865,290 and John McCain received $590,952 while Barack Obama received $115,163.**
**METHODOLOGY: These numbers are calculated from PAC contributions and contributions from individuals giving more than $200, as reported to the Federal Election Commission.
Please feel free to comment to this blog. I tried not to skew the information.
Sharmil McKee
Business Attorney
McKee Law Office
Philadelphia, PA
]]>
Does an LLC need officers?
This is my response?
Yes. LLC’s doing business in Pennsylvania must be registered with the Department of State. Pennsylvania requires all businesses to register a President, Secretary, and Treasurer. The good news is that one person can hold all positions.
Do you have a legal question? Ask one our small business attorneys. Chat live, privately with a business attorney or submit your question online.
Good luck.
Sharmil McKee
Business Lawyer
Philadelphia, PA
]]>
Does a blog need to be incorporated?
This is my answer:
A blog is a frequently updated journal or diary usually maintained online. If your blog relates to your business, then it is a business asset, like your telephone number or your logo. Business assets themselves are not incorporated, but your business that owns the asset may be incorporated (or not).
Whether your business, which blogs, should be incorporated is a very good question. It shows that you are thinking about the future and assessing your risk. I am going to assume that you are asking about incorporating your blog because you are concerned about liability that may arise from your blog entries.
]]> I cannot estimate your liability without knowing more about your blog entries. But I am going to talk about the types of blogs that I have seen and estimate their risk. Business blogs fall into two categories: 1) I hate the competition; and 2) advice about how to use my products or services.
The first category exposes your business to possible claims of defamation and libel. However, under Pennsylvania law, the truth is an absolute defense against defamation and libel. So, be sure to limit your comments to truthful statements and you should be safe. Of course, the law will not protect you if publicize a person’s personal, private business, such as social security numbers and account numbers. I suggest staying away from those topics.
The second category exposes your business to possible claims of negligence. If you give advice is such a way that a reasonable person following your advice is harmed, then that person can sue you for negligence. Proving negligence is difficult especially harm based on a blog entry. However, you can protect yourself by instructing your readers, to seek professional, personalized advice prior to trying your suggestion.
The risk of a lawsuit is not, in my personal opinion, a reason to avoid blogging. I believe that most business owners, or atleast my clients, are natural risk takers. While you do not need to be a risk taker to start or set up your business, a healthy amount of courage is necessary to be successful.
However, even risk-adverse business owners should consider blogging. You can always purchase an insurance policy to protect you from certain risks. Call your insurance broker or attorney to assess your risk.
Do you have a legal question? Chat online, live with a business attorney or submit your question online here.
Good luck.
Sharmil McKee (blog@mckeeoffice.com)
Small Business Attorney
Philadelphia, Pennsylvania
www.MckeeOffice.com
]]>In honor of April Fool's Day, read about the top 100 April Fool's Day Hoaxes. My favorites are Taco Bell's purchase and renaming of the Liberty Bell and Former President Nixon's announcement that he is running again.
If you are interested, read about the history of April Fool's Day here. It's interesting.
And, finally, as an attorney, I must warn you that some hoaxes have legal consequences. If anyone can prove that he/she was harmed as a foreseeable result of your hoax, you could be liable for the damages.
So, before you practice any of the hoaxes listed on the website, talk to your attorney.
Have fun.
Sharmil McKee
Business Attorney
McKee Law Office
Philadelphia, PA
]]>
This was my response:
Fortunately, for you a non-profit is a corporation. I am assuming that you would want to receive tax exemptions from the IRS; if so, then your non-profit will need to be incorporated. A corporation achieves all the goals you listed, as does the LLC (mostly). The major difference between an LLC and a nonprofit corporation is that as an “owner” of a non-profit, you are technically holding the funds for the public. Like a trustee holds money for a child. All the donations and in-kinds gifts that you receive belong to the public only. So, you are not as free to use the funds as you would if your business was an LLC. Thus, you will be open to more scrutiny; in fact, even your tax returns (if you have to file them) will be open to the public.
On the other hand, there are many grant and funding opportunities for farming and environmental work. This is a great benefit if setting up your business is expensive.
The choice is yours. I encourage you to talk to your business lawyer about it.
What should you ask your attorney? I suggest:
1- Find a small business attorney. Unless your business grosses $2 million or you have over 20 employees, your business’ legal needs are very unique. You need an attorney that is familiar with those issues and opportunities.
2- Identify your key concerns. (liability, taxes, manageable paperwork) Your key concerns will drive your entity-choice decision.
3- Discuss your start-up capital and cash-flow plans for the business. If you plan to run a loss, then you may use this to lower your tax bill.
4- Discuss your business philosophy. Are you a risk-taker or risk-adverse? You need an attorney whose philosophy matches yours.
5- Discuss billing arrangements. You need predictable, manageable bills. Try to find an attorney who offers fixed fee billing instead of hourly billing; or, find an attorney who will give you a budget prior to beginning your work.
6- Indentify your communication needs. Be realistic with yourself. Will you need to talk to your attorney every 24 hours or do you only want to “talk” with your attorney by email. Whatever communication level you require, find an attorney who can provide that level.
Your idea sounds exciting. I wish you luck.
Sharmil McKee
Business Attorney
McKee Law Office
Philadelphia, Pa
]]>A business owner emailed us and asked this question:
"How much does it costs to file a patent application. I believe I have a new process for online advertisement."
This was my response:
"Thank you for emailing us. Patents are very expensive to file because the U.S. government searches through its archives for similar inventions, before it can approve your patent. In addition, patent applications are public records, even prior to its approval.
So you want to word your patent application exactly right, so no one can take advantage of your invention if your application is denied.
The U.S. government charges the following:
Utility Application - $210
Application Search Fee - $210
Utility Examination Fee - $510
All three fees are due at the time of application. This fee doesn’t include your attorney’s fee for drafting the patent application. I strongly encourage you to hire a professional to draft your application, instead of drafting yourself. If you draft it incorrectly and it is denied, your application is still public knowledge. Someone else could follow you, fix your drafting mistake, file the application and get an approval. This person will, in essence, own the patent on your idea.
If you are curious about other patent filings, browse through the Patents Office’s databases. www.uspto.gov
You will be amazed by what has been filed in the past.
We are happy to assist you with your patent filing. We have helped hundreds of inventors protect their ideas. Give us a call or email, if you want to set up an appointment. Again, thank you for contacting us. "
Do you have a legal questions? Ask us. Chat online, live with us at www.mckeeoffice.com or submit your question to us at www.mckeeoffice.com/contactus
Sharmil McKee
Business Attorney
McKee Law Office
Philadelphia, Pennsylvania
215-242-5260
]]>This lawsuit is lesson in how to defeat your competition before it opens its doors.
The law in Pennsylvania is that grocery stores cannot sell liquor, unless it is sold on the premises. In short, grocery stores cannot sell "take out beer". However, Wegman's successfully petitioned the State Liquor Control Board to grant it permission to sell liquor from its stores. Wegman’s argued that it would sell bear from the restaurants that are located within the store, thus complying with the liquor law.
Wegman’s is a growing, successful grocery store chain. Based on 2005 revenue, Wegman's is the 70th largest retailer in the United States, according to Forbes Magazine. Selling alcohol will probably increase its customer base dramatically. So, this recent liquor license is problem for area grocery stores.
Instead of dealing with Wegman’s individually, the group banned together and encouraged it trade association, Malt Beverage Distributors Association of Pennsylvania, to file a lawsuit, claiming the Liquor Board violated the law when it granted Wegman's license. If the association wins, Wegman’s is no longer competition for the distributors.
It's a good strategy that you, as a business owner, may want to employ later when a big chain enters your market.
Good luck.
Sharmil McKee
Business Attorneys
McKee Law Office
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By-line:
Heather Johnson is a freelance business, finance and economics writer, as well as a regular contributor at Business Credit Cards, a site for business credit card and best business credit card offers. Heather welcomes comments and freelancing job inquiries at her email address
This is one reason you should never ignore a lawsuit. Even if a creditor claims that you owe a certain amount, you have the right to challenge that figure. In this case, the foreclosed homeowners were overcharged for attorney fees. And the Philadelphia Court ruled against the attorney charging the fees.
Also as a side note, I hope this decision also causes you, as a business owner, to question your attorney about his or her fees. Ask for a budget before he or she begins the project. And do not assume that because your attorney owns a small or mid-sized firm, that his or her fees are reasonable.
Good luck.
Sharmil McKee
blog@mckeeoffice.com
Business Attorney
McKee Law Office
Philadelphia, PA
www.mckeeoffice.com
]]>
I am being sued for infringing on a competitor’s patent, trademark, and copyright. I think the lawsuit is bogus and I want to ask the judge to immediately dismiss this ridiculous lawsuit. Can I state the following reasons in my request for a dismissal -- Patent Misuse, Copyright Misuse, Unclean hand, Deceptive Business Practices, and Fraud?
In lawsuits there are two types of defenses: procedural and substantive. Procedural defenses are simply that a party did not follow the court rules for doing something, such as filing a lawsuit late or filing it in the wrong courthouse. Substantive defenses, unlike procedural defenses, talk about the facts in the lawsuit.
When you ask a judge to immediately dismiss a case against you, you are raising a procedural defense. There are only a few procedural defenses. They are:
In Pennsylvania, in lieu of filing an answer to a lawsuit, you can file preliminary objections citing one of those grounds. Those grounds allow a judge to dismiss the case before any additional steps are taken.
What you have stated in your question, are technically counter-claims, which are substantive defenses. A counter-claim is a separate lawsuit where you become the plaintiff and you are suing the other party for those actions. The two lawsuits will proceed at the same time, and be heard by the same judge or jury.
Generally, the fastest way to end a lawsuit it to state a procedural defense. Counter-claims, a substantive defense, can achieve the same goal, but in a round-about way. You can use your counter-claim as leverage to encourage the other party to settle the dispute instead of risking a judgment. Strategy is the key to “winning” in court.
If you are being sued over intellectual property, you should see an attorney before going to court. These types of cases are pretty serious and can get expensive quickly. Talk with your attorney to develop a strategy to resolve this matter quickly. Good luck.
Sharmil McKee
Business Attorney
sm@mckeeoffice.com
McKee Law Office (Strategic Business Lawyers)
7715 Crittenden Street #314
Philadelphia, PA 19119
Office: 215-242-5260 ext. 2
Fax: 215-701-7533
Read the Press Release here: http://www.usps.com/prices/welcome.htm?from=bannercommunications&page=prices
Sharmil McKee
Business Attorney
]]>primary function of FedSource is to award and administer task orders on behalf of customer agencies, such as the Department of Defense, for commonly required services. The report concluded that while DOD should continue using FedSource, as a result of using FedSource, the Department spent $11.2 million but did not obtain the most cost-effective goods and services to meet valid operational requirements in compliance with laws and regulations. Read the report here: http://www.dodig.osd.mil/Audit/reports/fy08/08-050.pdf
Sharmil McKee
Business Attorney
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