Larry Bellomo Law Offices

October 29, 2017
October 29, 2017 To avoid an extended dispute, the Detroit-based Ford Motor Company has voluntarily agreed to pay up to $10.125 million in a sexual and racial harassment settlement, albeit without any admission of liability. Charges were filed on behalf of a group of workers at its Assembly Plant and its Stamping Plant, both in Chicago. In its investigation, the U.S. Equal Employment Opportunity Commission , who advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination, found legitimate grounds to believe African-American female employees were repeatedly subjected to sexual and racial harassment and that the company retaliated against those who filed complaints. Information as to how many employees claimed they experienced harassment or when the incidents were alleged to have occurred was not made public. The automaker, who employs 5,500 workers between both plants , claimed it took appropriate steps in handling the matter, including disciplin ary actions and the firing of employees who violated Ford’s anti-harassment policy , after having conducted an investigation of their own. Although they declined to discuss details, the automaker said employees deemed eligible to receive settlement money will be determined through a claims process as per the agreement established between Ford and the EEOC. Those entitled to the monetary relief include African-American males as well as women, all of whom began working at the plant after Jan. 1, 2010. Terms of the agreement include that for the next five years, Ford will oversee training at both its Chicago plants; the company will report complaints of discrimination and any sexual harassment to the EEOC; the company will continue teaching established anti-discrimination and anti-harassment protocols to current and new employees; and the company will monitor all personnel for compliance. The automaker will also work closely with the EEOC in addressing complaints of harassment and discrimination at both Chicago plants and to enforce protocol intended to prevent harassment or promptly address it whenever such complaints arise. Racial and sexual harassment is prohibited by federal law, including Title VII and similar statutes . If you have been the victim of this type of mistreatment, our attorneys can advise you of the proper legal steps to take.

By lbellomo
•
October 17, 2017
Adoptees over the age of 18 that were born in Missouri can request their birth certificate with their biological parents’ names starting in January 2018. The parents will have to fill out a form to remain anonymous. If they fail to fill out the form, they provide permission by default for the adoptee to find them. State Representative Don Phillips, who is an adoptee himself, signed the bill on July 1, 2017. Before this, the only way for a person in a closed adoption to find out who their birth parents were was through the court and the specific adoption agency from which they came. In addition, they needed to pay an investigator to find the parents. Patti Naumann, the leader of Adoption Triad Connection of St. Louis, expressed that there were just too many steps to go through. She added that the process did not work because numerous obstacles held adoptees back, such as cost, name changes of the involved parties and the release of information for both biological parents. With the new process, all the adoptee has to do is obtain their birth certificate and look at the details. The responsibility is on the birth parents to stop the process if they really do not want their information released. Parents have three options for contact: personal contact, contact by a middle man or no contact. If one parent does not want to be contacted but the other parent does or does not fill out the form, only the participating parent’s information will be released. Naumann believes that a majority of the parents will consent to the release of information . Data from other states shows that only 86 parents asked to remain anonymous with over 11,000 birth certificate requests. Naumann explains that attitudes about the stigma of adoption have changed from one of shame to greater acceptance. Naumann believes that this new law will allow adoptees and birth parents to reconnect and build a relationship. If you are looking for your birth parent or if you have other questions about adoption law , contact our seasoned family attorneys for further assistance.
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January 28, 2018
January 28, 2018 According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process. At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline. Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country. The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores. John Ermatinger publicly thanked the company’s supporters — consumers, employees, vendors and suppliers — for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religion’s digital presence and refining its marketing operations. You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.

January 16, 2018
January 16, 2018 A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students. The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area. However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus. Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others. The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech. Legal counsel for the pro-life group stated that the professor’s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case. If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.

January 5, 2018
January 5, 2018 The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues. Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did. This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic. Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together. In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans. Millennials choosing to live together instead of marrying can benefit from an attorney’s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies. Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.

December 23, 2017
December 23, 2017 The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose — to file bankruptcy . She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances — the proverbial straw that broke the camel’s back. Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day. While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists don’t fare so well. The clients are stuck in a vicious cycle. Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didn’t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy — paying filing and legal fees and dealing with a seven-year blemish on their credit record — but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever. When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort. If you are considering bankruptcy, talk to our knowledge attorneys about which options — Chapter 7 or Chapter 13 — is best for you.
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