A union is a democratic organization run by workers that provides a collective voice on the job. Once a union is established, employees have a seat at the table to negotiate over pay, benefits and working conditions. A collective bargaining agreement goes into effect after both parties reach a compromise and the workers have voted to accept it. The contract provides a grievance procedure for due process to resolve disagreements between supervisors and employees.

Organizing a union in your workplace is not a simple process, and it requires the guidance of an experienced union organizer as well as input from a labor attorney. The process for forming a union depends upon the type of workplace and whether it is in the private or public sector.

One of the roles of the union organizer is to educate workers about unions. Often during union organizing campaigns people spread false information and rumors. For example, some people claim that strikes are extremely common, when in fact strikes are very rare and occur in less than 2% of negotiations. Most unions have positive relationships with their employers, and they share a common mission of achieving success for the enterprise.

The federal law governing labor relations, the National Labor Relations Act., provides certain protections against retaliation or discrimination based on union activity or collective action. The United Nations Declaration of Fundamental Rights states that the right to have a union is a basic human right.

If you want to learn more about organizing a union where you work, contact Virginia Diamond. Ms. Diamond is the former assistant organizing director of the AFL-CIO, and she has taught organizing and labor law at the National Labor College.

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As medical studies have shown for many years, traumatic brain injuries occur when the head rapidly accelerates and then stops, or when it spins rapidly. Concussions can lead to confusion, blurred vision, memory loss, nausea, and loss of consciousness. After a first concussion, an individual is four times more likely to suffer another, and after several concussions, injury occurs more readily and takes longer to recover from. Autopsies of over twenty-five former NFL players revealed that over 90% suffered from Chronic Traumatic Encephalopathy (CTE), a debilitating condition that involves the slow build-up of a protein in the brain associated with cognitive decline and increased suicide risk.

Many former football players suffer from early onset Alzheimer’s, dementia, depression, mood swings, memory loss, and personality changes. A study of 1,094 former NFL players in 2000 showed that more than 60% had sustained at least one concussion, and 26% had suffered from two or more. Thirty-one percent of the former players had memory problems, 16% were unable to dress themselves, and 11% were unable to feed themselves.

More than 3,400 former players have currently filed lawsuits for brain injuries sustained during their careers, and a master complaint consolidating the suits was filed in June, 2012, in Philadelphia. A potential class action lawsuit could involve as many as 12,000 to 20,000 former NFL players, leading to liability of as much as $10 billion.

Distribution of a fund will require the involvement of special masters to determine the amount owed to each plaintiff. Trained mediators must have the experience, knowledge and sensitivity to inspire trust in the players and their families.

A fair and equitable distribution protocol will require full involvement for the players and their families in all aspects of the process. The plaintiffs and their families are entitled to the best medical care and financial compensation.

The former NFL players have suffered greatly because of the failure of the league to acknowledge and act upon the extensive medical evidence available for decades. Those suffering the tragic effects are entitled to a full voice in decision-making and complete transparency in all aspects of the resolution of these cases.

For more information contact, Lawrence Pascal in the Alexandria, Virginia office at 703-931-5500.

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The single most important tip for dealing with denied SSI or SSDI cases is: appeal appeal, appeal. It is during this process that you have the best chance of winning you claim. If you find yourself with a denied claim, you can immediately file an appeal where your chances of for success improve a great deal. It is important that you file your appeal within the 60 day allotted period after the initial denial. The consequences of filing late could mean you lose the right to appeal and would have to start the process again.

There are a couple of ways to file an appeal:

1. Online at the official Social Security Administration. This useful site will guide you through the process of filing an appeal electronically.

2. Hard copy. You can fill out form by hand and either send it through the mail or hand deliver the documents to your local Social Security Office. The forms can be downloaded and printed from the official SSA website or from your local SS office.

After you file an appeal, you can choose one of two or sometimes three options. The first is a case review, in which individuals who were not involved in the denial of your claim review the case and evidence you provide and make a decision. The second choice is an informal conference. In this situation, you are able to present your case to the reviewers personally, presenting your evidence and calling witnesses if necessary. The third alternative, a formal conference, only applies if you are appealing the termination, reduction, or suspension of your benefits. In a formal conference, you are allowed to subpoena an adverse witness who can be cross examined.

In any of the preceding instances, it’s usually a good idea to have legal counsel.

The post What Can I Do If My SSI or SSDI Claim was Denied? A How-To Guide. appeared first on Ashcraft & Gerel.

Pitting yourself against an employer may feel like a David versus Goliath situation, but it is sometimes the best course of action to right these serious wrongs. Fortunately, there are laws in place that protect individuals who make the courageous choice to bring fraudulent behavior to light. With the right legal team, that choice can make all the difference.

If you decide to raise concerns about fraud with your employer:

• Know that you are protected from retaliation. The False Claims Act and many other whistleblower laws specifically prohibit any action by your employer designed to punish you for speaking up.

• Talk to a lawyer before you do. Ashcraft & Gerel provides free, completely confidential consultations to help whistleblowers decide whether and how to proceed.

• In order to make absolutely sure that you are protected under the anti-retaliation laws, make sure you use the word “fraud,” and use phrases such as “Medicare or Medicaid fraud” or “government contracting fraud,” as appropriate.

• Be as specific as you can be about your concerns. Put them in writing, if you feel comfortable doing so. If not, make notes of any conversations you have within your company about your concerns right after those conversations occur.

• Make sure that you keep copies of any documents that show the fraud. Do not take documents that you do not ordinarily have access to in the course of doing your job. Do not take documents beyond what your need to prove the fraud.

• Keep copies of all positive reviews and praise you have received for your work in the time period before you complained, to show that you were a valued employee.

• If you are fired by your employer after raising concerns about fraud, before you sign any severance agreement or release, talk to an attorney.

• Your employer may ask you to release your right to file a whistleblower lawsuit or to tell the government you are concerned about fraud. Do not sign any such agreement without consulting an attorney.

We cannot stress enough the importance of consulting with an attorney. At Ashcraft & Gerel, our qui tam team has supported whistleblowers as they press for transparency under often-extraordinary circumstances. Learn more about our work, and how we can help you, in our whistlebowers practice.

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