Age discrimination is something that happens all the time and there are plenty of people who are ousted by either their employers or their credit agencies just because they hit a certain age or are near retirement age. Age discrimination is against the law in nearly every instance and even though employers and creditors may look at your age, they cannot use it against you. Over the years there have been a number of different laws regarding age discrimination, let’s look at a few of them:

The Age Discrimination Employment Act: This Act was developed in 1967 and is known by many today simply as the ADEA. It protects individuals who are over 40 years old from being discriminated in the job place, whether that means being fired or promoted. This Act protects both the individual that is already employed and the one that is applying for a position. It states that no one can be discriminated against according to their age when it comes to: “term, condition or privilege of employment.” This Act is designed to protect those people who are working for medium to large businesses and those who are employed by the state (whether that is local or federal).

The Age Discrimination Act of 1975: This Act, developed in 1975, is designed to protect those individuals who are applying for federal financial assistance. The Act allows any person, regardless of age, to apply and have the same chance of receiving any federal assistance that is available. The Act is enforced by the Civil Rights Center and it works in relation to the Act of 1967 (which is enforced by the Equal Employment Opportunity Commission).

Workforce Investment Act (Section 188): This Act, which was developed in 1998, protects applicants of the WIA Title I- financially assisted programs from being discriminated against according to their age. This Act not only protects applicants from age discrimination but also according to their: race, color, religion, beliefs, national origin and/ or disabilities. This Act is also enforced by the Civil Rights Center.

Age discrimination is a real life problem for many individuals and it is important that they know their rights when it comes to protecting themselves in all instances. Here are a few more facts about age discrimination.

* Apprenticeship programs cannot discriminate against a person according to their age with the exception of possible minimum age requirements as set by the ADEA or EEOC.
* It is unlawful to advertise with age discriminatory marketing. According to the ADEA a company or program cannot distribute advertisements that require applicants to be a certain age to qualify. Certain exceptions apply.
* A company cannot use age against an applicant during the application process. While an employer can ask for birthdates and current age, they cannot use this information against the applicant.
* Older employees cannot be denied benefits as given by the company. According to the Older Workers Benefit Protection Act of 1990, employers cannot deny benefits to deserving older employees.

By: Kelly Hunter
Kelly Hunter is an a regular writer for http://www.hostile-work-environment.com about Hostile Work Environment issues in the workplace.

Once you decide to form a corporation for your business entity, you will quickly be faced with another question. Should the corporation pay taxes as a “C” or “S” corporation?

There is a lot of confusion when it comes to the tax designation of a corporate entity. The first thing to understand is a corporation is a “C” designation by default. As a “C” entity, the corporation will file and pay its own taxes with profits and salaries being paid out to employees and shareholders. Since the employees and shareholders have to pay personal taxes on the distributions, “C” corporations are considered double taxation entities. This is generally viewed as a negative thing.

An “S” corporation is the government’s answer to the double taxation issue. The entity essentially acts as a pass through tax structure. The “S” corporation files a tax return with the IRS, but it is only an information tax return. This means no tax is paid. Instead, the finances of the company are passed through to the personal tax returns of the shareholders. The shareholders then report and pay tax to the IRS accordingly.

To gain “S” corporation status, you must take affirmative steps with the IRS. Specifically, you must file an application to be designated as an “S” corporation. The application in question is Form 2553. This form must be filed within 2 and ½ months of the creation of the entity or in the year prior to the year you wish the designation to be made. Prior to filing the designation, of course, you must have your employer identification number. This can be obtained with Form SS-4.

It is important to remember that there are restrictions on what corporations can file as “S” with the IRS. The designation is only available to small business corporations that are domestically formed. Further, the corporation can have no more than 100 shareholders and all must unanimously agree to the election. The shareholders cannot be other businesses, although there are some exceptions where business trusts are involved. A shareholder also may not be a non-resident alien. Finally, the corporation may only have one class of stock, although voting rights may differ.

One area where state law can cause problems with the s-election is in the field of community property. Certain states like California view marriage as conveying certain rights to both spouses whether they realize it or not. If you live in such a state, your non-involved spouse must also consent to the “S” election or it may be ruled invalid. Why? They essentially own part of your share position in the corporation.

Making the “S” designation for a corporation is not overly difficult, but many new entities run into problems because they fail to take care of the designation in a timely manner. Make sure you stay on top of the filing or you will have to wait for an additional year to make the designation.

By: Richard A. Chapo
California incorporation services via http://www.SanDiegoBusinessLawFirm.com.

The June issue of Trial, a publication of the American Association for Justice, contains a helpful “How-To” article for trial lawyers on the mediation of commercial disputes. Stewart I. Edelstein wrote the lengthy “Hot-To” article, which discusses such topics as choosing the right mediator, preparing to mediate, selecting which strategies to utilize, getting past impasse and finalizing the mediation. The tips are summarized quickly for you below.

Choosing a Mediator
Mr. Edelstein writes that you should chose a mediator “…who is impartial and has a strong track record for effective problem-solving, excellent negotiating skills, patience, trustworthiness, a keen business sense, and a good sense of humor.” However, sometimes a general mediator won’t get the job done. You may need to choose a mediator who focuses on a particular area, such as construction or patents.

Preparing to Mediate
Failing to prepare is one of the biggest mistakes lawyers make in connection with mediation. Mr. Edelstein suggests many tips, including:
- Decide on an initial demand
- Discuss creative solutions with client before mediation
- Provide a complete pre-mediation statement
- Discuss proper mediation demeanor with client
- Work out an agreement for the terms of the mediation

Selecting Strategies
Make sure the strategies you select are the ones that will achieve the final results that the client seeks. Carefully consider the opening position. It is an important opportunity to convey to your opponent that you are a formidable adversary prepared to litigate the case to conclusion, if necessary. Nevertheless, recognize the benefits to both parties of resolving the case sensibly through this mediation. Finally, be patient, open-minded and involved.

Getting Past Impasse
This can easily be achieved by a good mediator with effective strategies. Mr. Edelstein includes many “impasse breakers” such as:
- Refocus on the importance of the ongoing relationship
- Emphasize mutual benefits of resolving the dispute without publicity
- Review risks and costs
- Consider non-monetary settlement components
- Consider a “double-blind” proposal
- Take a recess
- Transform the process from mediation to arbitration

Finality is Key
When the mediation is final, and if it is successful, Mr. Edelstein strongly recommends getting the terms of the agreement in writing before mediation concludes. Consider having a computer and printer available to draft the terms of the final agreement so it can be signed on the spot.

Preparation, however, is Mr. Edelstein’s biggest concern. It can be the difference between success and failure. An effective mediation can save time, money and relationships.

By: Christina Doucet
The National Arbitration Forum offers Mediation in all 50 states. visit their site at http://www.mediation-solution.com.

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1. If I file for Bankruptcy I will lose all of my property.

This may be the biggest misconception surrounding filing for bankruptcy. Every person who files for bankruptcy can protect a certain amount of property while still eliminating all or a portion of their debt. Depending upon the state in which the person lives, there are state and/or federal exemption laws that permit a person to shield a certain value in property. In most Chapter 7 bankruptcy cases, people keep all of their property. They can even keep their homes and cars provided that they continue to make timely payments on those items.

2. If I file for Bankruptcy Everyone Will Know About It.

Unless you're a celebrity, the fact that you filed for bankruptcy will not become generally known. A person would have to know exactly where to look to see if your name was among the recent filings. You can even prevent your current employer from learning about your filing. An exception to that would be if bankruptcy papers needed to be sent to stop a garnishment.

3. If I file for Bankruptcy I Will Never Get Credit Again.

This is simply not true. In fact, many lenders aggressively target those that have recently filed. Although the interest rate may be higher than normal, the opportunity for credit still exists. If a person can wait two years before seeking credit after a bankruptcy, he will see an interest rate much closer to that of a non-filer. With regard to autos, it's relatively easy to obtain financing after a bankruptcy. In fact, some lenders will even provide financing before the current bankruptcy case has ended. In any case, the evidence of bankruptcy filing will be removed from a credit report after 10 years.

4. If I file for Bankruptcy All of My Debts Will Be Wiped Out.

This all depends upon the type of debt that a person has. In some cases, there are debts that are not eliminated. These may include student loans, recent taxes, child support, maintenance, parking tickets and debts incurred through fraud. Consult with an experienced bankruptcy attorney to discuss the particular debts that you have and the likelihood that they will be eliminated.

5. If I file for Bankruptcy I Can Choose Which Creditors to List.

All of your creditors must be listed on your bankruptcy petition. Although you can voluntarily pay back any creditor you desire, you cannot omit that creditor from your list of creditors. Clients often like to keep a credit card free and clear from their bankruptcy filing. They think that by not listing the particular creditor, they will be able to keep the credit card and continue to use the charging privileges. This is simply not the case. Many credit card issuers subscribe to a service that notifies them of newly filed bankruptcy cases. Don't plan on keeping a credit card after your bankruptcy filing.

By: David Siegel
David M. Siegel is the author of Chapter 7 Success: The Complete Guide to Surviving Personal Bankruptcy. He is a member of the American Bankruptcy Institute and currently practices bankruptcy law in Chicago and its surrounding suburbs. Additional information is available at http://www.bankruptcy-lawyers-chicago.com.

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