Mirror of Justice

Motor Vehicle Insurance Laws Specific to Ontario, Canada

July 18th, 2009 at 01:06pm Under Insurance Law

Like most insurance policies, motor vehicle accident (MVA) insurance is something you “have”, but tend not to investigate until you need it. Policies vary in coverage and amounts paid should an accident occur. Although no policy is complete, anyone injured in a MVA is entitled to certain benefits no matter who was at fault.Under the Canadian No-fault law, car accident victims are allowed to sue the other party for damages in addition to the insurance settlement. Insurance companies pay benefits out according to the Statutory Accident Benefits Schedule (SABS), but these payments may not be enough to remedy expenses in a fault MVA. In the rare case that neither party has insurance, the Motor Vehicle Accident Claims Fund takes care of the injured party’s expenses.Expenses covered are: * Loss of Income. If injuries sustained from the accident prevented you from working at your job, the income lost during the recovery period may be reimbursed. Under the Insurance Act, parties are eligible for up to 80% of their net income from accident to trial and up to 100% gross income loss after trial. * Medical Expenses. Any medical costs incurred. This includes rehabilitation. * Attendant Care Expenses. After being injured and then released from the hospital, you may require the help of a nurse or other professional. MVA payments cover this. * Additional Expenses. Expenses relating to the treatment of injuries sustained during an MVA such as travel costs, any prescribed apparatus, and other costs incurred because of the injuries.Consulting with your lawyer after an accident is the best way to figure out what you are entitled too. The means of tabulating damages can be complicated and an experienced Canadian lawyer will have a good idea of what settlement you deserve. They will guide you on what to do if your insurance company wants a statement or the other party’s insurance company wants to talk with you among other issues.It is best to be proactive about your MVA insurance policy. Before an accident occurs, find a lawyer to discuss what is and is not covered and what coverage would be best for you. A little preparation goes a long way and a simple consultation can help ease the mind over one’s safety if an accident ever does occur.

Employment Insurance Law in Canada

July 18th, 2009 at 07:05am Under Insurance Law

In Canada the Employment Insurance (EI) provides financial assistance to citizens who have lost their jobs. The working scheme of EI is similar to car insurance while you work you pay premiums to be entitled to benefits. To get EI you need to work for a certain period called qualifying period and you must have lost your employment through no fault of your own. You can start gaining benefits right after you lost your job and the maximum benefit is set at 55% of your insurable earnings. EI is governed by the Employment Insurance Act R.S. 1996 c. 23, and run by Human Resources and Skills Development Canada (HRSDC).

As for the wok that is insured it is the most work in Canada. You can’t be insured if you work for government of a province or foreign country, if you work for a family member (still in some cases it is possible to get EI in this situation), if you are a large shareholder of a company you work in, if you are employed on an entirely casual basis. Generally the qualifying period is set at 52 weeks from your last claim, in case you miss hours due to illness, injury, education, or incarceration, the period will be extended. If you were fired from your job for misconduct or left the job for no reason you won’t get EI. But if you lost your job for a reason beyond your control you can apply for insurance, it also provides possibilities to qualify for maternity, child care, compassionate care, and sick leave benefits. When you apply for EI be sure to present Record of Employment (ROE) from your last employer, it will show the reason why your employment ceased.

After you have received EI there is a number of limitations and rules that you must follow. You receive payment only for days when you are available for work (no holidays etc.) and you are obligated to look for work while unemployed. If you refuse to look for work or accept an offer of suitable Canadian employment the payments will be ceased. As an example of not suitable work: if the offered work is in your field but has a lower wage or under less favorable conditions it can be considered not suitable. HRSDC also provides certain programs that must be attended, if you fail to visit the meetings the payments will be ceased.

As in any civilized country in Canada you can make an appeal if you disagree with determination made under the Act. You need to make an appeal to the Board of Referees within 30 days. An appeal can be made if the Board’s decision was contrary to the principles of natural justice, if it was based on an error of Canadian law, or made on the basis of incorrect and contrary facts. It is always useful to consult a labor and employment lawyer before making an appeal. If the decision of the Board of Referees does not satisfy you, you can appeal to Federal Court Judge within 60 days.

The Legal Profession

July 17th, 2009 at 02:51am Under Aviation Law

Once fully trained in matters of the law and legal system, a person is called a lawyer; also known by the names, attorney or advocate, their role varies depending on the situation. Lawyers can perform many roles which can include representing a client in a court of law (advocate) for either criminal or civil matters; not all want or will appear in court whilst others dedicate their whole lives to courtroom appearances. When advising on the issues relating to the law they become legal advisors; this is usually when client requires guidance and possible courses of action.

One who primarily practices law in a courtroom is a trial lawyer; owing to the fast thinking that is required by those who practice this area of law, it is not for everyone.Much of a trial lawyer’s work is actually performed outside the courtroom environment; they investigate evidence and interview people involved in the case.

The legal system affects nearly every aspect of our society; whether you are buying a house or making an insurance claim, but because lawyers are in a position of authority they must abide by very strict rules to govern their conduct. Depending on what area of specialization they work in will decide whether they practice in a courtroom; although they are all able to represent their clients in this manner when required.

Lawyers can specialize in a number of different areas of society; some of the areas of specialization could be: Probate,Aviation Law,International law,Marine Law and Construction Law.

The number of specialist areas of law is also the reason why only a few ever practice in a courtroom!

Environmental law for instance employs experts who will represent private, government and individuals; an example of this group could be construction firms, utility companies, and large corporations.

These help clients prepare and file for licenses and applications for approval before certain activities may occur; they also represent clients’ interests in administrative adjudications.

Attorneys are also involved with laws protecting intellectual property rights, an area much in the news of late; property like digital media, CD’s, computer games and software for instance, are particularly at risk since the advent of the Internet. Major insurance companies usually employ lawyers in their legal department; insurance terms and conditions often change to protect the company from fraudulent claims but they can also be useful performing insurance investigations.

Much of law might be considered mundane as the majority of attorneys carry out their work in private practice involved with minor criminal and civil law. criminal lawyers try cases or defend the accused party; whereas civil law affects areas like wills, trusts and mortgages for example.

Where there are high profile cases that may affect the public, or be in their interest, other legal specialists operate; these might concern large companies for example where their image might be at risk. Lawyers who are endowed with a little more social conscience are the ones who work for charities and legal aid schemes; this type of work is more about helping those are not able to have legal representation any other way.

Only Your Wisconsin Child Custody Lawyer Knows Best

July 16th, 2009 at 08:53pm Under Child Custody

Every Wisconsin child custody lawyer knows that this is one of the cases where people are likely to do things that they have not done before or thought they are not capable of. With divorce and child custody cases not having the satisfactory results that they should have, parents turn to desperate means of getting their children back.
For sure, you do not want these things to happen. Not only will it have negative effects on your child, it will also cause you more trouble than you originally have. The best and the only solution for this problem is to avail of the services of good Wisconsin child custody lawyer.
Lawyers in Wisconsin are already aware of the fact that parents tend to kidnap their children and take them as far away from the other parent as possible one their child custody case has not been served well. This is the only way to do it because these parents know that their children are better off with them.
Sometimes the law is not always in favor of those who want to win. As they say, you can never win them all. But if you have a Wisconsin child custody lawyer to help you in the proceedings, then you will realize that whatever decision the court have made is what is best. And since you have presented a likewise good case, you will definitely be assured that justice have been done, even if it is not for your favor.
In the process of your divorce file, it is important that you hire a Wisconsin lawyer with enough knowledge about how child custody works. It follows that after the divorce has been filed, what follows next would be the battle on who should have the custody of the children.
This is the very same reason why the Wisconsin lawyer you choose should have the expertise and experience in handling child custody cases. Take note that the decision that will be made is not on a temporary basis. It will dictate the future that your children will have for the rest of their lives. If you love your children that much, you will go through all the measures to ensure that will be put in the proper place that they deserve.
The Wisconsin child custody lawyer should know enough about certain laws that apply for certain situations. For example, there are laws that are being followed by authorities whenever a child is kidnapped by his or her parent.
The lawyer should tell the parents about those states that do not allow authorities to recover the child if he is in the hands of another parent. Knowing about these things will make the parents aware of precautions that should be taken to avoid this kind of situation from happening.
The Wisconsin child custody lawyer should also dictate the desperate steps that parents are capable of with regards to getting their children. This will evidently prepare them for any unfortunate things from happening. Anticipation is better than being surprised and frustrated when disputes occur.
A Wisconsin child custody lawyer that has the necessary experience needed in solving disputes that might arise is what you should look for. As far the reasoning is concerned, you should be aware of the things that will help you win your case, but also the things that you need to do after the case is finished. Only your Wisconsin lawyer has the capability to tell you about what and what you should not do.

What Is A Lawyer And Why Should I Use One?

July 16th, 2009 at 08:51pm Under Aviation Law

Trained in law and able to give legal advice, lawyers are also referred to by other names; they are called attorneys in The United States and on some occasions, advocates or advisors. The term advocate is used when a lawyer acts on behalf of the person he is representing in a courtroom; for many, this is not something they wish to pursue, passing over cases to others that prefer this type of legal representation. When employed to provide advice on the law they are known as legal advisors; this can just be to provide clarification surround a legal matter.
Trial lawyers have greater familiarity with courtroom rules and strategy; owing to the fast thinking that is required by those who practice this area of law, it is not for everyone.Trial lawyers are extremely competent individuals who are just as proficient outside the courtroom; they investigate the case they are representing, talk to witnesses and arranging evidence, for example.
Our entire society is affected by laws and the legal profession; this is why lawyers are held in high regard but they must live up to this by living and working by a strict code of ethics. There are many specialized areas of law which they can focus; however, all can and do appear in court from time to time to represent their clients.
Many areas of law now exist to meet the needs of a complex society; examples of just a few are show below:
Probate, Aviation Law, Civil Law, Marine Law, Identification Theft. The number of specialist areas of law is also the reason why only a few ever practice in a courtroom!
Those specializing in environmental law for example might watch out for the interests of organizations on either side of the argument; a few examples are listed here: Waste Disposal Companies, U.S. Environmental Protection Agency, Airports. Often this work will be mundane as it involves planning applications and licenses for example; however, they also protect companies where claims for damages are being sought.
Of course one of the cleaner areas that attorneys are involved with is intellectual property rights; it covers digital images, songs and videos; in fact anything that is available on the internet. Major insurance companies usually employ lawyers in their legal department; insurance contracts and claims are often investigated which is an are where their expert knowledge will be invaluable.
The vast majority of attorneys work within the private sector where they can devote their energies to either criminal or civil law; criminal lawyers defend or prosecute persons charged with a crime; whereas civil law affects areas like wills, trusts and mortgages for example.
Where there are high profile cases that may affect the public, or be in their interest, other legal specialists operate; these cases may have an impact affecting communities in general, not just an individual, and can involve anything from government regulations to property interests. Lawyers who are endowed with a little more social conscience are the ones who work for charities and legal aid schemes; this type of work is more about helping those are not able to have legal representation any other way.

Dui Lawyers for Your Cases

July 16th, 2009 at 03:02pm Under DUI Law

DUI means driving under the influence. It is generally applicable in those cases where the person held was driving under the influence of alcohol or drugs to such an extent that his mental and motor skills were completely inhibited. Some of the substances that typically lead to a DUI charge are alcohol, illegal drugs like cocaine, inhalants, marijuana, prescribed medications and over the counter drugs.

Generally the tests like field sobriety tests are used by the police to test for intoxication. These include walking in a straight line or standing on one leg. There are other kinds of tests like blood test and urine test and one of the most common is the breathalyzer test.

The charge of DUI is very serious and could have severe implications if proved. Once convicted the person may loose his driver’s license and can even has his vehicle impounded. For a person who is a repeat offender, the driver’s license could be revoked and possibly there could be a jail sentence.

Thus for a person who is charged with a DUI, it becomes imperative to hire a DUI lawyer who can help him get a fair treatment in the court. DUI laws everywhere are getting tougher and tougher. There is a constant threat of police, lawmakers, and prosecutors. But the help is just a click away. Now days there are many websites available on the net that can help you in finding a good and a competitive DUI lawyer. A professional and an experienced DUI lawyer would pay heed to your concerns and actively work for you to regain your freedom. A specialist DUI lawyer can help you in minimizing your serious charges or even have them completely dismissed.

Employment Law Training Suggests Employers Offer Alternative Jobs Before Redundancies

July 16th, 2009 at 10:11am Under Employment Law

Several tips and pitfalls for employers regarding offering and moving employees to new jobs as an alternative to making staff redundant. Employment Law Training offers UK businesses the full picture of options when axing staff looms.

Employers facing a round of tough redundancies should consider offering staff alternative jobs instead.

In today’s increasingly competitive marketplace, some employers may well find they face tough decisions, with the harsh reality being that they have no option but to make some of their workers redundant.

This is obviously a difficult situation, but one which more and more companies are faced with as the economy struggles to cope on the verge of a possible recession.

But have you considered all the options – don’t just jump in straight away and take the drastic step of axing staff without exploring every other possible approach.

Could you for instance minimise the impact of your difficult position by finding alternative roles for those staff within your organisation instead? It may take time to work this out and solve the jigsaw puzzle of moving people around between different departments, but it could be well worth the patience and effort.

This approach though may seem to be the perfect solution, and could save you from the dreaded redundancy announcement.

But employers need to make sure they stay on the right side of the Employment Rights Act 1996 when it comes to managing the process.

You don’t want to find that simply by trying to help your employees, you are contravening the rules and getting your company into trouble.

The Employment Appeal Tribunal has also set out new guidelines to explain how you should manage the offer of an alternative job and there are definitely pitfalls you need to avoid.

Employers should offer the person a trial period in the new potential job, usually four weeks is the right kind of timescale as it will give you, and them, the chance to carefully assess whether it’s a suitable move.

Communicate clearly to the employees involved how the trial period for an alternative job will operate, right from the start – don’t leave them in any doubt about where they stand.

Ensure they know that if they want to turn down the new job, they must do it within the four-week period, because if they don’t, and the four-week deadline passes without a formal decision, they could forfeit their right to a statutory redundancy payment.

Make sure too that any proposed alternative employment is actually suitable for the employee involved, and not just a position where you happen to have a vacancy.

Offering your staff a job which you know will be beyond their skills or totally out of their remit could put you at risk of an unfair dismissal claim.

It’s completely understandable that bosses should want to try to help their staff, particularly if they’ve been with your company a long time, but make sure you’re operating within the guidelines, and that an alternative job offer really is appropriate.

You don’t want to make a difficult situation even worse by raising their hopes of avoiding the axe with a possible new job offer, only to find that it’s not right for you or them, and they are faced with being made redundant after all.This article is free to republish provided the authors resource box below remains intact.

Divorce Law Summaries New York

July 16th, 2009 at 09:02am Under Divorce Law

The following items have been handed down by the marital and family law judges. The details of the cases have been summarized for easier statements of the rulings:

Res Judicata

The original decree awarding child support payments are res judicata so long as there is no change in the circumstances underlying the decree.

Retroactivity

A circuit court is not statutorily barred from imposing a retroactive child support obligation upon a respondent in an ongoing child support proceeding who, contrary to the court’s directive, has failed to inform the court of his having resumed employment. In this case no award of support was made in the original judgment, therefore, any subsequent award of support would constitute a modification of the previous judgment, thereby bringing the case within the purview of subsection (a) which prohibits the award of retroactive support, hence, the trial court properly denied plaintiff’s request for retroactive child support. It was proper under former section 18 of the Divorce Act, for the trial court to direct the father of a child to reimburse the mother for moneys expended after their divorce for their child’s support during his infancy even though in the original proceeding there was no order made relative to the obligation to provide child support. Where notification of alimony and support payments was proper, the trial court did not err in refusing to make the modification order retroactive to the date o which the petition to modify was filed rather than to the date on which the defendant’s monthly income was decreased.

Same Day Modifications

The trial court had discretionary power to insert an amendment in a child support agreement incorporated in the divorce decree, on the same day as the decree was issued, that deemed the support order temporary for a six-month term, even though the court inserted the amendment without prior notice to the parties and contrary to their express wishes.

Security

Where respondent had provided for the needs of his children since the separation, and there was no indication that he would not continue to do so in the future, respondent’s estate would be liable for future support “to the extent just and appropriate under the circumstances” should he otherwise fail to provide for them, there was no reason to believe that respondent, or his estate, would not be able to provide the support mandated, and respondent had ample assets apart from the pension and profit-sharing plan which provided all the necessary support, the trial court did not abuse its discretion in failing to require that respondent furnish security for his support obligations.

Social Security Benefits

Because social security dependent disability benefits are earned by the non-custodial parent, made on behalf of such parent, and, in fact, paid at least in part with contributions from the non-custodial parent’s own earnings, payment of social security dependent disability benefits satisfies a non-custodial parent’s child support obligation.

California Labor Lawyer Discusses the Filing of Harassment, and Discrimination Complaints with the EEOC, DFEH, and DLSE

July 15th, 2009 at 09:02am Under Uncategorized

When it comes time for a California labor attorney to choose which state or federal agency the California labor attorney should file a complaint with for harassment, discrimination, or retaliation on behalf of a client, and a California labor lawyer has a tough choice. Equally tough are the short statutes of limitation a labor lawyer in California has to file age discrimination complaints.

If you’ve been the victim of discrimination, harassment or retaliation in your employment in California, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

Despite the economy and the current economic condition of the State of California, the Department of Fair Employment and Housing, the EEOC and the Department of Labor Standards Enforcement (DLSE) division of the Department of Industrial Relations still advise California labor attorneys that they have the resources to investigate complaints.

Employees who have signed arbitration agreements or who have received threats of legal action if they file a claim with any of these agencies should first contact a California labor lawyer but should also note that the State of California and the Federal Government generally will not recognize such restrictions on California and U.S. employees. Indeed, attempts to restrict employees from having government agencies investigate wrongdoing by employers may undergo severe scrutiny.

Generally, valid waivers of rights must specifically refer to the rights or claims that are being waived. They may not generally waive rights or claims that may arise in the future without additional language. And they must advise the individual in writing to consult an attorney before signing the waiver.

The position of the EEOC, for instance, is that even a valid waiver of rights by an employee does not affect the EEOC’s rights and responsibilities to enforce the law. While a valid arbitration agreement may require arbitration between an employee and an employer, it does not bar the EEOC from seeking judicial relief on behalf of an employee.

Indeed, retaliation against an employee after she reports harassment or discrimination by terminating the employee, and then a company’s further retaliation either by threatening legal action or by termination may constitutes a separate claim on top of the original claim for harassment or discrimination. Unfortunately, employees without the benefit of counsel from a California labor lawyer may be taken in by such threats.

Both the DFEH, the EEOC may handle a discrimination, harassment and retaliation claim and the DLSE/DIR’s Sacramento office which enforces retaliation laws, may act simultaneously, so long as the matters are timely filed with each agency within the appropriate statutes of limitations.

With the DFEH, once the employee or ex-employee makes an appointment to start the process, the wheels will begin turning but the statute of limitations is not tolled until a complaint is filed by the employee. With the EEOC, once the employee files an intake questionnaire and an affidavit describing the discrimination, the filing requirement will be met with the EEOC, after which the EEOC will notify the employer of the filed charge. After the EEOC receives the charge, they are obligated to conduct an investigation and they have the power to issue subpoenas in connection with their investigation. If the EEOC finds unlawful discrimination, they have the power to eliminate such unlawful practices. Even an enforceable agreement binding an employee to arbitrate disputes with the employer does not affect the EEOC’s power to sue the employer to enjoin further violations. Nor does it bar the EEOC from seeking victim-specific relief, including money damages.

If the EEOC is unable to secure a conciliation agreement with an employer within 30 days after a charge is filed, the EEOC may file a civil action against the employer and may seek temporary or permanent relief.

If the DFEH decides to pursue a matter themselves, they may issue an accusation and prosecute the claim before the Fair Employment and Housing Commission (FEHC). Like the EEOC, the DFEH has the power to issue subpoenas, take depositions and serve written interrogatories. If they find a violation, they will seek to eliminate it.

The DFEH has the authority to issue cease-and-desist orders, and to award reinstatement, backpay, front pay, emotional damages, and an administrative fine. The amount of that fine is determined by factors which include willful, intentional or purposeful conduct, refusal to prevent or eliminate discrimination, conscious disregard for the rights of employees, commission of unlawful conduct, intimidation or harassment, conduct without just cause or excuse and multiple violations of the FEHA.

While the amount awarded for emotional distress may not exceed $150,000 for each person, an additional amount of $150,000 may be awarded for intimidation. The FEHC may also award reasonable attorney fees, including expert witness fees to the prevailing party. However, the award to the prevailing party is discretionary and the courts generally do not require a losing plaintiff to pay the employer’s California labor attorney’s fees and costs.

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of race and color, as well as national origin, sex and religion. It applies to employers with 15 or more individuals. It is unlawful for an employer to discriminate against any individual, even if that discrimination is prompted by the racially motivated actions of other employees.

Title VII prohibits offensive conduct that is unwelcome and offensive, and that is severe or pervasive. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Employers may not fire or otherwise retaliate against or take an adverse action against an individual for filing a charge of discrimination.

Adverse actions include an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Prohibited acts of retaliation can occur after termination and receive the same scrutiny by the DFEH whether they occur before or after termination.

Protected activities of employees include complaining to anyone about alleged discrimination against oneself or others, taking part in employment discrimination proceedings, and filing a charge of employment discrimination.

While the amount of damages that can be awarded for compensatory and punitive damages recoverable under Title VII go up to only $300,000 against companies with 501 or more employees, there are no such limits under the FEHA. Even under Title VII, damages for emotional distress may be awarded. Title VII specifically authorizes compensatory damages for emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other nonpecuniary losses.

Before the Civil Rights Act of 1991, neither compensatory nor punitive damages were recoverable under Title VII. By contrast, both types of damages were and are available under the FEHA. Punitive damages are also now available against nongovernmental entities under Title VII for cases of intentional employment discrimination, including cases proved by disparate treatment where the respondent engaged in a discriminatory practice with malice or reckless indifference to the federally protected rights of an aggrieved individual. The standard is similar with the FEHA.

One of the recurring themes employers use to justify the termination of an employee they have harassed or discriminated against to California labor lawyers, is that the termination was part of a planned reduction in employees. However, under the law, even if good cause exists for a reduction in force, an employer’s decision to lay off certain employees while retaining others may be challenged by a California labor attorney under applicable anti-discrimination laws. A case involving just this situation receiving a great deal of national publicity involves the lay offs of a disproportionate number of women from Wall Street institutions.

Employers are bound by state laws that provide greater protection for employment than comparable federal laws, which is the reason most employment claims are filed with the FEHA.

When it comes to harassment and retaliation, the California constitution prohibits harassment based upon factors which include race, color, sex, national or ethnic origin. Discrimination based on physical or mental disability, marital status, a medical condition (including pregnancy and child birth) and sexual orientation is also prohibited. The FEHA also requires employers to take all reasonable steps necessary to prevent discrimination and harassment from occurring.

With the DFEH, the interviewing consultant drafts a formal complaint. If the complaint is accepted for investigation, the complaint is also filed with the EEOC. After the DFEH issues an accusation, the DFEH may litigate the case in a public hearing before the Fair Employment and Housing Commission. If emotional distress damages or administrative fines are sought, the employee can have the case moved to a civil court. If the case is moved to court, the DFEH prosecutes, but the complainant is the real party in interest.

Government codes section 12965(b) requires that individuals must exhaust their administrative remedies with the DFEH by filing a complaint and obtaining a “right-to-sue notice” from the Department before filing a lawsuit. The DFEH, however, will accept requests for an immediate “right-to-sue-notice” from persons and from their California labor lawyers for clients who have decided to proceed in court. A DFEH complaint must be filed within one year from the last act of discrimination or you may lose your right to file a lawsuit.

Once a “right-to-sue-notice” is received from the DFEH, the employee has one year to file a civil lawsuit. Failure to do so may again cause you to lose your right to sue.

Common mistakes by harassment victims are not telling the person doing the harassment to stop, not documenting the harassment by that person, not reporting the harassment to your superiors, not making sure the employer is taking action to end the harassment, not obtaining medical or psychological help when needed, not realizing that retaliation is illegal, accepting the word of your employer that you do not have a case for harassment or discrimination, not filing a DFEH, EEOC or DLSE/DIR complaint within the time allowed, not having an attorney assess whether any arbitration agreement is binding, and not consulting with an attorney.

A complaint to the EEOC under Title VII of the Civil Rights Act of 1964 must be made within 180 days from the date of the incident. This period, however, is extended to 300 days if the employee also files a complaint with the DFEH. Complaints of discrimination commonly include discrimination based on race, color, religion, sex, national origin, age, handicap, sexual orientation and retaliation or reprisal. That time period, however, can be reduced to as little as 30 days after a complainant receives notice that a state agency such as the DFEH has terminated its processing of a charge. It is thus best to contact the EEOC immediately whenever discrimination is suspected because of its short statutes of limitations.

In addition, many governmental agencies require that for an employee or applicant for employment to preserve their rights under EEO laws, they must contact an EEO Counselor within 45 calendar days of the alleged discriminatory action. There are exceptions and grounds for extending this period, but neither a complainant nor his or her California labor attorney does not want to be in a position to be having to argue those grounds as the complaint may be deemed too late to be accepted.

Once a complaint is filed with the EEOC, if the EEOC finds substantial evidence of discrimination, it will file a lawsuit. If the EEOC does not find sufficient facts to support the complaint, it dismisses the complaint and issues a “right to sue” letter to the complaining party. A lawsuit must then be brought by the complaining party within 90 days of receiving the Right to Sue letter from the EEOC.

A much less publicized and less known agency, even among California labor attorneys in the State of California at which complaints for retaliation and discrimination can be filed is with the Division of Labor Standards Enforcement (DLSE) of the Department of Industrial Relations (DIR). An employee or job applicant alleging violation of any law under the jurisdiction of the Labor Commissioner must file a complaint with the DLSE within six months of the adverse action. Adverse actions include unlawful discharge, demotion, suspension, reduction in pay or hours, refusal to hire or promote and other actions. There are, however, some exceptions to the 6-month deadline, but again, it is best to file a complaint as soon as possible to ensure that it is timely.

Filing a complaint with the Labor Commissioner does not prevent a person or their California labor lawyer from filing a private lawsuit.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been the victim of harassment, discrimination or retaliation in your employment in California.

Finally, an employee or job applicant who alleges retaliation for having complained about a workplace health or safety issue has the right to file a concurrent complaint with the federal OSHA within 30 days of the occurrence of the adverse action.

Indian Real Estate Investment Policy India – Part I

July 15th, 2009 at 04:38am Under Estates Law

- Opportunities – Applicable Laws/Regulatory Policies. – Tax Benefits/ Incentives- Current Projections in the Budget. I. INTRODUCTION. Due to LPG policy particularly liberalized Foreign Direct Investments (FDI) regime the India’s explosive economic progress has captured the world’s attention and its property market has indeed emerged as one of the most appealing investment destinations for both domestic and foreign investors.

Indian Real estate is on the high growth path and the boom is mainly due to mall culture, multiplexes, hypermarkets and retail sector are growing in India and retail brands from all over the world are showing their keen interest to even setup their base in India especially MNCs apart from retail outlets coupled with rising demand for commercial and residential boosting the industry. It is expanding its wings even in remote towns. Leave aside metro cities, smaller towns have attracted construction activity from big developers. Shopping malls, skyscrapers and new infrastructures are shaping new India.

II OPPORTUNITIES Indian real estate has huge potential demand in almost every sector especially commercial, residential, hospitality, healthcare, retail and industrial etc. This is growing at a dizzying pace of almost 30 percent each year. The bulk of construction activity – 80 percent is dedicated to housing, while the rest is commercial, including offices, malls, hotels and hospitals.The Real Estate market is projected to grow to US$60 billion by 2010 at a CAGR of 40% Several factors are expected to contribute to the rapid growth in Real Estate Large demand-supply gap in affordable housing, with demand being fuelled by tax incentives and a growing middle class with higher savings. Increasing demand for commercial and office space especially from the rapidly growing Retail, IT/ ITeS and Hospitality sectors etc. Investment opportunities exist in almost every segment of the business as per the estimates of Investment commission of India particularly in the following sector. Over 20 million new housing units will require in next 4 years. Office space for IT/ITeS: Five-fold increase in office space requirement over the next 3 years Commercial space for organized retailing: 200 million sq. ft. by 2010. Hotels & Hospitality: Over 40,000 new rooms in the next 5 years Investment opportunity of over US$75 billion in will require in the next four years. Working Group on Urban Housing pertaining to the 11th Plan made assumptions on unit cost of construction of houses in million plus cities and other urban areas for estimating the investment required for overcoming the housing shortage. The total estimated investment for meeting the housing requirement upto 2012 was estimated to be of the order of Rs.3,61,318.10 crores consisting of Rs.1,47,195 crores for mitigating housing shortage at the beginning of 11th Plan and Rs.2,14,123.10 crores for new additions to be made during the 11th Plan period (this includes construction of pucca houses & upgradation of semi-pucca and kutcha housing units.Apart, India in the next two years period is estimated to require investments worth US$60 billion by 2010. This again has opened up opportunities for foreign investments in the realty sector. FDI liberalization in year 2005 has thrown open the lucrative parts of the Indian realty market to global investors. Foreign Direct Investments in the real estate sector in India would also contribute towards making the sector more organized. Besides increasing professionalism in the sector, it would bring in advanced technology and help in the creation of healthy and competitive market environment for both domestic and foreign investors.Real Estate companies have been successfully tapping the country’s booming capital markets for funds. Commercial office space requirement is led by the burgeoning outsourcing and Information Technology Industry. The leaders of the IT/ITES world have set up or are setting up their centers in India. Estimated demand from IT/ITES sector alone is expected to be 150mn sq.ft. of space across the major cities by 2010. In residential sector there is housing shortage of 19.4 million units out of which 6.7 million are in urban India. High demand growth has led to prices doubling over 3 years in many cities. The increase in purchasing power and exposure to organized retail formats has redefined the consumption pattern. As a result the country has experienced mushrooming of retail projects across the cities.Growth is expected in the all following sectors and Foreign Direct Investment is encouraged and permitted these sectors subjected to certain conditions. • Hotel Development• TourismIf you want to read article go to second part of this – Indian real estate investment policy India – Part II.