I believe my employer is discriminating against me because I am older than their average employee? What can I do?

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

sm@mckeeoffice.com

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

blog@mckeeoffice.com

McKee Law Office (Strategic Attorneys for Small And Mid-Sized Companies)

Philadelphia, PA

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:

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

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

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

www.MckeeOffice.com

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.

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

www.mckeeoffice.com

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

blog@mckeeoffice.com

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

1. Be presentable.  If you’re sending out mailings or establishing a web site make it look as professional as possible.  Nothing sends a poor message like misspellings or shoddy work.  Look at the big boys out there and see how they portray themselves in the limelight and mimic them if you must.
2. Add Inc. to your name.  Incorporating your business immediately makes your name stronger.  “Joe’s” doesn’t carry as much clout as “Joe’s Inc.” 
3. Don’t play games with the phone.  Elaborate phone systems may set you back a couple thousand dollars.  If that’s unattainable then at least get another line.  A busy signal in this era is unacceptable.  Unable to receive a fax and a call at the same time also screams weakness.
4. Make purchasing easy for the customer.  Accepting credit cards is mandatory this day and age, especially if you’re transacting business on the internet.  This will also provide you with instant credibility.
5. Go to them, don’t make them come to you.  Always make things easier for the customer.  Go to their office or set up a business lunch.  This simple idea creates an aura of flexibility from your end.
6. Create an air of a bustling company.  Even if it’s just you and your kid brother, always use “we” instead of “I.”  Saying, “we have to check this over with our board,” tells your customer that you’re constructed in a very business-like manner even if you are just doing this as a part-time job from your college dorm.
7. Have a proper address.  If you’re working out of the house and you live on Easter Bunny Way consider getting a P.O. Box to look more professional.
8. Customer service is job 1.  Treating the customer like royalty will set you apart from the field and should be at the forefront of your business model.  This is one thing money can’t buy.  Present a great attitude with your customers and they’ll keep coming back.

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

Read the Press Release here: http://www.usps.com/prices/welcome.htm?from=bannercommunications&page=prices

Sharmil McKee

Business Attorney

blog@mckeeoffice.com

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

blog@mckeeoffice.com