Month: March 2016

After being here for a few days, one thing has become clear. Not much about India bothers me the way it used to. Before I would complain about how dirty, polluted and unsanitary it is, but the same could be said about my state of mind. The love that has greeted me so far, and the energy of Delhi invigorates me. The first question I get asked now is what do I think of India after 16 years, and my reply is the simple truth: I love it.

I love the 12 people in motorscooter, the 7 cars in lanes, the thinking of traffic lights as suggestions, and of course the cows meandering by. It’s an India that is all-encompassing, and while it could be improved, for what it is, it is mesmerizing to me. The traffic taught me that I get to plan better because even though the distances are small, getting them often takes far longer than anticipated. Also of course, I got the regular welcome of sitting most of the day in the bathroom yesterday, but its ok, I ended the night with great company and love and at the end that’s all that matters.

India is me.

I struggled with this post because in no way do I want to seem I am condoning drinking and driving. Yet the reality is that as adults we all attend events where alcohol is involved. If you know, you will be drinking more than 1-2 drinks, use a ride sharing service. Trust me, it will be always be cheaper in terms of cost and peace of mind than when you see the dreaded red lights and you have had a drink or two.

That said, the following tips do not guarantee that you will not get a DUI but will allow your lawyer to perhaps defeat probable cause, save your licence from being suspended, and avoid high insurance rates.

1. Be Polite. IF the officer asks for your license and registration, hand it over but move slowly. Acknowledge the officer but do NOT offer to the officer that you only had  a few drinks. He is not your friend, and your admission leads right to probable cause. Memorize the following statement: ““I invoke my constitutional right to remain silent, officer.”
2. Now for the hard and scary part: refuse the field sobriety and breathalyzer if you have had more than 1-2 drinks (based on body size). The officer may arrest but with no tests and your quietness, they do not much or any probable cause which will allow your attorney to fight your matter with plenty of ammunition,
3. Your goal through the entire time is to reduce probable cause. There is not much you can say to the officer that will reduce probable cause so keep it simple and short.
4. What if you don’t do any of this?  Still hire an attorney because represented parties often will get better terms for you than when you are unrepresented.
5. Also, never forget besides criminal, you need to ensure you are represented for your DMV hearing which automatically suspends your license if you do not report 10 calendar days from your arrest.

P.S: this post assumes you are not on probation. If you are unsure what your probation terms, consult with an attorney.

As an employer, I have seen varying ranges of things employees do, but the most frustrating is employee theft. I understand how dispiriting it is to discover someone put in a position of trust violates that trust. Yet it is important to follow certain standards before accusing and firing them. I also realize there is an instinct to garnish wages, involve the authorities or threaten to, but it is important to have protocols in place.  Moreover, there are limited things you can do as an employer, but if done right can let other employees know this type of behavior is taken very seriously.

There are fundamental things that need to be kept in mind

1. Gather documents. It’s important to preserve all possible evidence when conducting an investigation. If an employee is suspected of stealing, IT should be engaged to copy the employee’s work center, whether it’s a register or a computer, and download and preserve e-mails. Copies should be made of all documents related to an employee’s job, including time cards, punch records, data access records of when employees come and go, and video surveillance of the premises.
2. Contact legal counsel. Before taking any action regarding disciplinary action, suspension or termination, consult legal counsel. There are certain considerations regarding recovery of the goods or monies that were stolen, which may be jeopardized if the employee is terminated. In addition, even if the facts support termination, the overly-broad communication of those facts or the manner in which the termination is conducted can create the risk of liability for discrimination, invasion of privacy, defamation, or intentional torts.
3. Relax and be careful about what is said. Once an employer has received confirmation that an employee is guilty of theft and the employer is ready to confront the employee with that information, the employer should be careful of how or what is said during this meeting. The employer should not approach the suspected employee while still angry or emotional, which could create a volatile or explosive situation at the work place. The suspected employee should be approached calmly to discuss his or her employer’s concerns. Employers should be careful not to refer to the employee as a “thief.” This type of reference can lead to a defamation lawsuit.
4. Do not deduct amounts from the employee’s paycheck. California law imposes very strict limits on the circumstances under which an employer is permitted to deduct amounts from an employee’s paycheck. Even if an employer suspects an employee of stealing, seek legal advice before deducting the value of stolen items or cash from the employee’s paycheck.
5. Recovering stolen property

   The most common legal question presented by workplace theft is “Can the money or items be recovered?” Many times the answer is yes, if the employer acts properly to investigate, document evidence and involve legal counsel early, and the loss is significant. If counsel is engaged early on in the investigation, they can seek court orders to freeze an employee’s assets and have property returned.