Mirror of Justice

When Does a Sexual Harassment Exists in Employment

July 19th, 2009 at 01:23pm Under Sexual Harassment

In the advent of new millennium, so much power has been given to the media. The broadcast, print and online media dramatically spotlight any bizarre event to catch our attention. Sexual harassment in the employment sector often consist their daily headlines.Based on the report of Equal Employment Opportunity Commission statistics (EEOC), approximately 15, 000 sexual harassment cases have been filed each year. 11% of this consists of the male populace.To have more data about sexual harassment. Consider the following information below to help you recognize sexual harassment acts.What are the acts that can be considered as sexual harassment?First, an act must be offensive. For instance when an employee keep making sexual explicit jokes to another employee, it would be sexual harassment in the workplace. Nevertheless, if two employees enjoy exchanging sexual jokes at each other, it would not be a form of sexual harassment.Second, it is demanding with the intent to take the advantage of his/her superiority over the person. Examples of these are the sexual demands associated with promotions. This could be a ground to file a sexual harassment cases.Most sexual demands could be the basis for sexual harassment but there are exemptions. If a person accepts the offer in exchange for his/her approval, there is no claim. However, if he/she does not get the promise promotions, there is a ground for sexual harassment.Regarding those individuals who do not get the promotion because they do not sleep with superiors, the law in California does not give them the rights to make claims. There is no sexual harassment in the workplace when the lover gets special treatment and attention. On the other hand, if the boss made sexual demands to them, they refuse causing the promotion, and benefits be given to the person who accepted the offer, they could make claim.Third, verbal or physical assaults are not the only basis for sexual harassment in the workplace. You could either use pictures, touching, unwanted request for a date and leering as basis for sexual harassment.Sexual harassment in the employment happens not only to those people of the opposite sexes, it could be between the same sexes as well. It can be inflicted by a woman or man to each other.Damages resolvable in sexual harassment in the workplaceSexual harassment victims’ resolvable damages differ greatly between California and Federal law. California and Federal law gives recovery for the following damages:•    Lost wages•    Future loss of wages•    Emotional distress, •    Punitive damages•    Attorney’s feeFederal Title VII Law did not give restriction for an employee to obtain everything they can recover under Californian Law.There are differences on the recovery of the damages. For example in Federal law, an employee can approximately recover more than $300,000.00 in sexual harassment lawsuit based on the damages factors above.In California law, the amount the employee will get from sexual harassment is technically unlimited, giving them an impression as employee friendly.RecommendationFinally, if an employee happens to be sexually harassed, it is advisable to hire an expert attorney fro proper legal advice and assistance in filing proper charges against the harasser. An employment attorney specializing in sexual cases can let a victim obtain justice and suitable compensations.To know more about sexual harassment cases, you can visit the nearest sexual harassment attorney and ask them about the receivable amount intended for you.Our employment attorneys are well adept in handling lawsuits resulting from sexual harassment and other cases such as Labor Law violations . For expert legal advice and representation, log on to our website and contact our law office.

A Review of the Probate Property Gold Mine Real Estate Course

July 19th, 2009 at 01:08pm Under Probate Law

If you’ve been wondering how possible it is to purchase Real Estate at cheaper prices, then you might want to take a look at the Probate Property Gold Mine Real Estate Course. According to the headline on the sales page they have the secrets you’ll want to know about that will allow you to get property at 30%-50% below market value. This statement alone should leave you wanting to read on at least a little more.
Before you get started though, we think it’s important that you listen to the message that Paul wants you to hear. However, it wasn’t the first thing that got our attention when reviewing their sales page. It had to be the statement of there being 114 secret properties becoming available to purchase on an hourly basis everyday. Do the quick math and you have yourself over 2,500 available that you can make money from each day.
The Secret is in Probate Property
Most people turn their attention towards foreclosures, especially during this time in our society when people are having to change lifestyles. However, according to the Probate Property Gold Mine sales page the probate arena is where you want to be. If you like stats, we found one area that talks about there being 44% more properties headed towards probate then foreclosure.
If you’re still sitting there wondering what probate property is, in short it’s controlled by a will. The only reason you don’t hear much about this area of the Real Estate industry is because many agents keep it to themselves, then make all the money from it. Not only that, but we also read on their sales page that going probate is much easier then working in foreclosure.
Why is it Easier?
The number one reason is because there really isn’t any competition. Since everyone is overloaded on the foreclosure side, it leaves more room for you in the probate area. Then of course it takes so much longer to get a deal made when going through the foreclosure process. If you’re sitting there wondering how that is possible, it’s because you don’t have to wait for a probate deal to be finalized to buy the property.
There are a couple more avenues as well that you may be unfamiliar with in the probate property industry. Since the foreclosure laws are so difficult to understand and process at times, you will notice that utilizing the probate avenue will leave you with an easier path to both property and money. Not too mention the ridiculous “teeth pulling” when trying to finish up a foreclosure deal.
Our Overall Analysis
In our minds there really is a plethora of information available for you to get your hands on through the Probate Property Gold Mine system. If you wonder why we’re even going over this its because of the fact that we only hit about half the sales page. The other half we will let you read and see if the overall benefits are worth your time and money. It’s safe to say they will, but in the end you’ll have the final say. Hopefully you’ll find what you’re looking for and can make the kind of money you’ve been wanting to all along.

Personal Injury Negotiating – Be Prepared to Walk Away

July 19th, 2009 at 01:07pm Under Personal Injury Law

Described by Roger Dawson, author of “Secrets of Power Negotiating” as the “most powerful” negotiating pressure point, the ability to walk away is critical in getting the best possible dollar value from an injury case.
“If there’s one thing that I can impress upon you that would make you a 10 times more powerful negotiator, it’s this” says Roger, “Learn to develop walk-away power.”
I’ve often seen this in mediations. These, in injury cases, often take place when the lawsuit is nearly done. There may be a trial date scheduled. (Which, by the way, greatly increases the chances of a successful settlement.)
Mediations are a non-binding way to resolve disputes. They usually take place at the office of one of the lawyers. A mediator is chosen by mutual agreement of both sides. The mediator will usually be a retired judge or an experienced lawyer.
Everyone meets in a conference room where each side has a chance to tell his story. The mediator then lays the ground rules and the sides split up into separate rooms.
The mediator then travels from room to room working with each side to reach a resolution.
Be Patient
One of the keys to a successful mediation is to feel no pressure whatsoever about settling the case. The best position to take is: we’re ready to go to trial so if we can’t get what we want to today “we’ll see you in court.”
Just having the right attitude can help you get the case resolved. But, if necessary, you leave at the end of the mediation and you have additional chances to settle the case before trial and even after trial starts.
My Roman Flea Market Experience
Maybe it wasn’t a flea market but it was definitely outdoors and in Rome. My Italian companion of the day was helping me to buy a coat and guiding me through the process.
When I found a coat I liked (loved, actually) I was coached to act disinterested by stating it was not exactly what I was looking for. I made a very low offer which was promptly rejected.
We visited some other booths then returned. The coat really did not meet my needs I explained, raising my offer just a little.
After nearly an hour of this exercise the vendor sold me the coat for far less than I had expected to pay. The vendor was obviously angry. But I was prepared to walk away. And it paid.
Point of No Return
“The minute you pass the point when you’re willing to say, ‘I’m prepared to walk away from this,’ you lose in the negotiations” says Dawson.
Dawson tells the story of his daughter Julia who fell in love with a used car. The salesman knew it and the price showed it.
When Julia asked her father to help negotiate a better deal he asked her, “Julia, are you prepared to come home tonight without the car?”
“No, I’m not” she said, “I want it. I want it. I want it.”
“Julia” he said, “you might as well get your checkbook out and give them what they’re asking, because you’ve already set yourself up to lose in the negotiations. We’ve got to be prepared to walk.”
And walk they did. Twice. And bought the car for $2,000 less than Julia would have paid for it.
Conclusion
Be prepared to walk away in an injury case or any other type of negotiating.

Medical Malpractice Takes Many Forms

July 19th, 2009 at 01:07pm Under Legal Malpractice

When we hear the words “medical malpractice,” we may have terrible visions of surgeons amputating the wrong limb or leaving surgical instruments in bodies during surgery. While those events do take place, not all forms of medical malpractice are so terribly egregious. Some forms can be as subtle as missing or delaying a diagnosis, prescribing the wrong dosage of a medication, or delaying a treatment while awaiting test results. While these errors may not seem as egregious as wrong site surgery or being drunk during an operation, they can be just as catastrophic. Whether you have suffered from an egregious medical error or a subtle one, there is legal help available to cover any losses you have suffered.

Medical malpractice cases are often time-consuming, complicated and costly. When deciding whether or not to pursue a medical malpractice case, it is important to ensure the strength of your case and to ascertain that you have a chance for monetary recovery. An experienced medical malpractice attorney can help you determine the validity of your case and advise on whether or not to proceed. Our legal expertise will help you wade through the mire of legal and medical paperwork and jargon that are inevitable in medical malpractice cases.

There are many different types of medical malpractice including, but not limited to, the following:

· Surgical errors

· Emergency room errors

· Birth injuries

· Anesthesia errors

· Medication errors

· Failure to diagnose

· Delay in diagnosis

· Improper procedures

· Failure to get informed consentExperienced medical malpractice attorneyshave spent years representing clients in many different medical malpractice cases and will work tirelessly to get you the compensation you so rightly deserve.

Necessary Elements

There are three basic elements necessary to a medical malpractice case. The first element is whether or not the physician had a “duty to the patient.” In other words, did the doctor actually agree to treat the patient? If the answer is yes, then a certain standard of care is to be expected. The second element requires the presentation of expert testimony that defines what the acceptable standard of care is and then explains how the physician did not administer that acceptable standard. The final element is referred to as “causation.” Your medical malpractice attorney must prove that the harm suffered was a direct result of the medical professional’s actions. This is achieved through questioning, expert testimony, and medical evidence.

Investing In China: Proposed Labor Contract Law

July 19th, 2009 at 01:06pm Under Labor Law

If you are considering setting up a company in the People’s Republic of China (the “PRC”) you should be aware that Chinese law is more protective of employees than the laws of many western nations, particularly the United States. The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006. This new law contains both bad news and good news from the point of view of the foreign investor; however, in general it further strengthens the protection of employees.
The Bad News:
Severance Pay
Because it is difficult under the PRC Labor Law to terminate open-term labor contracts, employers usually prefer fixed terms. The Labor Contract Law will address this issue by requiring employers to pay severance compensation to employees on fixed term labor contracts if these contracts are not renewed at the end of the contract term. The proposed compensation is at least one month’s salary for each year of service.
Company Rules/Employee Handbooks
No provision in the employee handbook or other rules affecting the employee’s “personal interest” may be put into force absent consultation with the labor union or other employee representative body (under Chinese law, virtually all employees are required to be unionized).
A Shorter Probationary Period
Currently, the probationary period may be agreed between the employer and employee in the labor contract, but the maximum probation may not exceed 6 months. The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for “senior technical work”, probably because these highly skilled employees are seen as less vulnerable in the employment market. This is significant because it easier to fire an employee during the probationary period than afterwards.
Non-Competition Clauses
Foreign invested companies in particular have tended to insert post-employment non-competition clauses into labor contracts in order to protect their intellectual property rights in China’s “wild west” business atmosphere. Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur. In this respect the reform will render Chinese law more similar to US law, since the current Labor Law does not impose any geographic restrictions at all (but does permits a maximum duration of up to three years). The Labor Contract Law goes even further, however, by requiring the employer “buy” a non-competition clause by paying a minimum compensation equal to the employee’s annual salary upon termination of the labor contract. It is still unclear what, if any compensation will be due the employee if the period of restriction is less than a year.
Contract Interpretation
Any ambiguous term in a labor contract will be construed in favor of the employee. This rule does little more that codify what has long been the prevailing practice in PRC courts.
Representative Offices
The current Labor Law requires Representative Offices to go through designated agencies such as FESCO (similar to Manpower in the United States) in order to hire employees. The new Labor Contract Law offers Representative Offices greater flexibility by allowing them to directly contract with employees for their first year of employment.
In summary, the new Labor Law will restrict foreign investor’s flexibility and make it more expensive for them to operate. The only good news is that Representative Offices will find it somewhat easier to operate. Typically, the new Labor Contract Law does not bother to define terms like “technical”, “senior technical”; and “personal interest” However, foreign investors have long been used to waiting months and even years for ambiguous terms in Chinese law to be defined through the further issuance of “implementing regulations” to supplement the main law; meanwhile the government’s actual implementation of the law in particular cases will be closely watched.

How Misdemeanor or Felony Can be Removed From State Records

July 19th, 2009 at 01:06pm Under Juvenile Law

Be it felony or any sort of misdemeanor, it has became a part of everyday life. Crime committed as a juvenile haunts even in the after years, there is always a lurking doubt that any shadowy glance at one’s yesteryears may cost the person his dear job. However very recently Texas laws have changed dramatically with an outstanding decision which may provide relief to many. The law aptly states that in certain number of cases the records can be cleared off or at least made unavailable to the masses.

Texas criminal records may range from grave crimes to minor faults but with the new law getting pace, expungement in Texas is not that difficult. People sometimes undermine the situation and are unaware of the consequences that may follow. Employees at work may be fired with immediate effect, eligible people may be denied a job, if made public the record may create a sense of discrimination between co-workers. Keeping all these drawbacks in view it is very necessary that in Texas expunction of records is a must and why not? When the law clearly states so. Expunging your Texas criminal record form is also needed for the fact that landlords or public housing authorities can deny one’s right to housing. It is not that misdemeanors in Texas are not recorded or filed by the authorities; they are duly taken care of and may land the person in trouble after a considerable time span.

Felony record Texas covers all sorts of crimes ranging from armed robberies, assaults, drug sales and possession and even murder. Sometime a minor brawl takes the shape of a serious assault and the concerned person gets wrapped up in lengthy legal battle thereby ending his aspirations of a promising career. These criminal records expungement may sometimes be a bit hassle some but minor or petty faults such as parole violation, probation violation or traffic violation can be easily expunged.

Various agencies are there to help these people sort out their difficulty, people sometime wonder “how do I seal my juvenile felony record in Texas?” The answer to this problem is as simple, one just need to contact the appropriate institution and everything will be taken care off. Dallas Texas criminal public records show very clearly the defendant’s name, date of birth, race, sex, disposition date and sentence are updated regularly. These records often became a cause of humiliation and embarrassment in the society. The need of the hour is if you are ever convicted in Texas its high time your criminal record sealing is done as soon as possible.

So if you were ever denied a good job, any loan from a financial institution or your housing rights were deprived off due to any criminal records, there is nothing to be worried about because the law is there to help you out. Now the only hitch about filling in the proper form and whom to approach is only a click on the web and we can get to the desired destination.

Is Your Car Insurance Transferable To Other Countries?

July 19th, 2009 at 01:05pm Under Insurance Law

Car insurance is a wonderful thing. Not only is it getting cheaper over the course of time, but it also can allow you to get into an accident and still have the money leftover in order to get different things to happen. Car insurance might not be transferable to other countries however, primarily because of the fact that the governments in the two areas do not match.
If it was up to the company, then any multinational corporation would be able to offer you transferable car insurance, but because that is not the world we live in, there are many concerns that you need to take into account when figuring out if your car insurance might be transferable.
Get Clarification
The first thing that you will want to do is go straight to the horse’s mouth and get clarification from the company if the car insurance that you currently have can be transferred to other companies. Either you ask the representative directly, giving them the name of the new country, or you go right to their website in an attempt to figure that information out for yourself. Either way, there is no answer more reliable than one from the company and that is definitely where you want to go first.
One problem that you might run into however is the company not working in other countries and therefore having no idea whatsoever if their insurance is transferable. This is rare, but it does tend to happen sometimes when you are working with smaller firms that do not work on the national level. Because many people still do work with these types of firms, here is what you can do if the company is unable to offer clarification.
Compare Road Laws
Road laws within different countries are quite different and one way for you to figure out if your insurance is transferable to a specific country would be to compare the road laws of that country to the road laws of your current area of residence. This is because certain insurance plans are built upon certain road laws and if those road laws do not exist in the new country, then there is a very good chance that the plan you have right now is not going to be transferable.
Additionally, you will also want to consider the insurance laws in the new country that you are visiting. These laws will tell you right away whether they recognize insurance companies from other countries and there will usually be a list of the recognized companies as well. You can always call the consulate working in your country and get the information from them as well. There are many places that you can go to get road and insurance law information on a specific country, so figuring out if your insurance is good in that country even without the help of your provider is not something that should be that difficult to do.
Changing for Compatibility
If you find out that your current insurance plan is not transferable to the new country, then chances are that you are going to have to chance your insurance provider to one that directly operates in the new country. At the same time however, if you are really attached to your provider and do not want to change, then there might be a way for you to make your current plan compatible with the laws that the new country has. The only way to find out if this is possible is from the actual country’s representatives, since they are the ones that have control of that issue.

Adoption and The Workplace

July 19th, 2009 at 12:18pm Under Adoption Law

Barb and Maxine work for a large corporation whose profit for the last quarter was $400 million. Both women are new moms, currently at home caring for their children. Barb will be at home for 52 weeks and will receive 85% of her regular salary. Maxine, on the other hand, is able to stay home for only 35 weeks during which she receives 55% of her usual salary. What’s the difference? Barb is a biological mother; Maxine is an adoptive mother.

Both the Federal Government and the employer are treating these women differently, based on the way they have chosen to build their families. Their employer, like many organizations, “tops up” the payments received from Employment Insurance so that employees receive full (or near full) salaries while they are off work1. In Maxine’s case, however, their employer does not extend the benefit to adoptive parents.

The Federal Government pays Employment Insurance (EI) benefits to provide financial assistance to new parents (currently 55% of average insurable earnings to a maximum of $413 / week). Maternity benefits are payable to biological mothers for a maximum of 15 weeks. Parental benefits are payable to parents (biological or adoptive) for a maximum of 35 weeks. Thus biological parents are eligible for 50 weeks of employment insurance while adoptive parents hit the maximum at only 35 weeks. One adoptive parent is mounting a Charter of Rights challenge on this very issue in the E.I. Legislation.2

Biological parents are provided with EI benefits over a one- year period comprised of:

a) 2 week disqualification period (i.e. no EI payments) and

b) 15 weeks of maternity benefits; and

c) 35 weeks of parental benefits

Total: 52 weeks

Many employers also pay top-up wage compensation to their employees for the two-week E.I. disqualification period by topping up their wage to between 85% and 100% of their normal salary (i.e. the employer pays all of this benefit during the first two weeks). For the next 15 weeks, the top-up reduces by the amount of the E.I. maternity benefits (described above). Some employers also top-up the employees’ salary for the full 35 weeks of parental benefits as well3.

As a result of complaints we received about how adopting parents were treated in the workplace, Sunrise conducted a limited and informal poll of its clients to see how widespread the differential treatment of adoptive and biological parents by employers is, and we were stunned by the responses. Many of our clients reported situations in which a biological parent receives top up payments, while an adoptive parent is refused. Here are some examples of what we heard:

Government of British Columbia: The B.C. Provincial Government is one of least discriminatory employers we heard about. It offers a top-up to both biological and adoptive parents (to its unionized and non-unionized employees.) It also offers adoptive parents a ” Pre-Placement Adoptive Leave.” This leave allows adoptive parents to attend pre-placement visits for their homestudy or to complete legal requirements for the adoption while collecting 85% of their regular salary.

Government of Canada: A federal civil servant, who is an adoptive parent, received 93% of her wage by top-up for 37 weeks. The real irony is that the Federal Government treats its adoptive parent employees better than most employers do, but discriminates against all adoptive parents with its EI policy!

Police: The RCMP (a federal government employer) offers both adopting and biological parents the top-up for 37 weeks. Other police forces in British Columbia (Municipal forces) generally do not pay the top-up to adoptive parents. (The municipal public force in Saanich, B.C., however, does pay the top-up for 37 weeks).

Municipalities: One adopting parent reported that the Municipality she worked for finally gave her the top-up right after she filed a complaint with the Human Rights Commission.

Hospitals: Regional Health Districts are the employer for nurses in British Columbia. One adoptive parent reported that in his hospital, biological parents receive a top-up on the EI Maternity Benefit only. No one receives a top-up on the Parental Benefit. Since adoptive parents don’t qualify for maternity benefits, they don’t receive any top-up at all.

Universities: Universities do not seem to take a consistent approach in how they treat their employee parents. Adopting parents employed by universities told us about a wide variety of benefits payable to adopting parents. Often these were inconsistent, unusual, and at times discriminatory.

At the University of British Columbia, adopting parents get topped-up for 12 weeks, while biological mothers receive 20 weeks. At the University of Toronto, adopting parents receive 27 weeks of top-up, and biological mothers receive 3 weeks more. At Capilano College, parents on parental leave are topped-up to 80% of salary, and for parents on maternity leave to 90% of salary.

Professors at Simon Fraser University are the only employees we found who were treated absolutely identically whether they were biological or adoptive parents. To do this, the maternity benefits not paid to adoptive parents by EI are covered by the university. Kudos to SFU!

Schools: We heard from many teachers across the province. School Districts in British Columbia bargain separately with the teachers’ union (BCTF). As a result, adopting parents (who are also teachers) receive different benefits depending on where they work. For example, Surrey Teachers do receive the top-up of 95% of salary for the first 2 weeks, 70% for next 15 weeks and zero for the balance of parental leave. North Vancouver District teachers receive 95% for the first 2 weeks, but then 70% for only the next 10 weeks (while biological mothers receive it for the next 15 weeks). Most other school districts do not pay top-ups at all to teachers. There is no rational basis for treating teachers, who choose to create their families by adoption, differently. One parent was told that top-ups are not paid to adopting parents because the school district follows “Government of Canada rulings”. This doesn’t accord with our findings; all federal government departments that we heard from do top up adopting parents.

One adopting parent employed by the Coquitlam School Board was recently refused the top-up. When she told her employer that she was filing a complaint with the Human Rights Commission, she immediately received a top-up.Falling Between the Cracks

Some adopting parents are in a catch-22 situation and the problem may not be resolved until a parent takes action. We heard from several British Columbia parents who reported that employers dodge responsibility by saying it is up to the union to ask for benefits through the collective bargaining process.

One city police department we heard from only offers the top-up to biological parents. A Port Moody police officer said, “I am a union member and was entitled to nothing under the collective agreement. However, we were in the middle of negotiating a new one, and I asked for a provision to be added. I was unsuccessful”.

Pursuant to Labour Relations legislation, unions are required to represent minority interests (like those of adopting parents). Failure to do so can lead to a complaint with the Labour Relations Board. Exercising that legal right against your Union, however, can be a scary prospect.

Another adoptive parent reported:

“I wasn’t sure if there are many others in the same boat as myself, and considering the extremely daunting task of applying for change in our organization (my employer is Vancouver Coastal Health), I have not bothered to try. I would have to put forth a motion to the union (membership = 40,000) and the union would then vote on whether or not to pursue this issue with the Health Authority and ultimately the Government. Another union colleague who adopted several years ago felt the same as I do now.”

Many adopting parents had similar experiences when they approached their union. They were told that nothing could be done. Studies in the USA show that less than 1% of eligible employees receive adoption employment benefits. No wonder adoptive parents can feel lost in big unions!What Can Be Done?

In a landmark 2002 study, 94% of respondents stated that adopting parents should receive the same benefits in the workplace as biological parents4. It is clear our society feels overwhelmingly that adopting and biological parents should be treated equally.

This doesn’t seem right. Large government employers (such as hospitals, health districts, municipalities and school boards) should not justify continuing to discriminate by claiming that the unions need to ask for it. They should take responsibility and end the discriminatory treatment.

Employers should treat parents equally, whether they give birth or adopt. If an employer pays an E.I. top-up to a biological parent, then the same compensation should be paid to an adopting parent. To not do so is discrimination. 6

The need for change is apparent and many parents expressed an interest in making that change happen. Unless adopting parents object, this discrimination will not end. One possibility is to file a complaint with the BC Human Rights Tribunal.7 The most effective solution may be for adoptive parents to lobby their MLAs and MPs for legislative change. How about a law that simply says adopting parents and biological parents must be treated the same in any workplace. (After all 94% of society already thinks this is what should happen)

Talk to your employer and/or your union officials. If your organization tops up biological parents, insist that they treat adoptive parents equally.

1 We also heard about a few employers who give their employees a lump sum payment to help with adoption expenses. These payments ranged between five and ten thousand dollars.

2 This appeal is currently making its way towards the Supreme Court of Canada. The appeal at the Federal Court of Appeal is scheduled to be heard March 29 – 30, 2007. For a review of the issues in this case see http://www.bcadoption.com/afabc.

3 The rules about E.I. Supplemental payments (Top-Ups) are set out at www.hrsdc.gc.ca

4 The Dave Thomas Foundation in the USA has established a website with materials and assistance to help employers establish adoption friendly workplaces – see www.adoptionfriendlyworkplace.org

6 One adopting couple has written an impassioned plea for parents to lobby their MP’s to help end discrimination against adopting parents. See www.bcparent.ca/articles/adoption/overcoming_discrimination.html.

7 In Ontario court the courts have not been sympathetic to adopting parents. In a case called Shafer the Ontario Court of Appeal decided that the discrimination built into the EI legislation did not contravene the Charter of Rights.

The information in this article has been obtained from a limited survey of Sunrise clients. The next step is to broaden the scope of this investigation to the BC and Canadian adoption community as a whole. If you know of someone who has had a similar experience (good or bad), please contact us. We would like to understand the full extent of this problem in British Columbia and Canada and will publish the results of the final survey.

Business Rehabilitation and Bankruptcy Law in Thailand

July 19th, 2009 at 11:38am Under Administrative Law

In Thailand, Bankruptcy Laws form part of the Commercial Law. Thai bankruptcy law is devised in such a way not only to help debtors to distribute their property but also to help them in rehabilitating via several reorganization provisions.
In other words, the Bankruptcy Law includes the Bankruptcy Act for Business Rehabilitation. The Business Rehabilitation Law was introduced in 1999 as Chapter 90 of the Thai Bankruptcy Law BE 2483. The main purpose of the Business Rehabilitation law is to assist a debtor facing liquidity problem by giving him an opportunity for rehabilitation before being insolvent.
The procedures in connection with rehabilitation are usually commenced by an eligible petitioner by filing a petition with a provincial or a civil court as per the domicile of the debtor. However, petition for business rehabilitation could be filed only if the debtor’s overall debt comes to an amount that exceed Baht ten million. Likewise, In order to file a petition for business rehabilitation, certain legal and perquisites must be complied with such as:
- The names and addresses of creditors must be specified to whom the debtor owes in total at least an amount of Baht ten million
- Specify reasonable methods in order to rehabilitate business functions
- Proposed planner’s name as well as qualification
- Planner’s consent
- In case the petitioner is debtor, then details regarding assets and liabilities must be given
- Consent of authorities which is applicable as mentioned below :
1.In case the debtor is commercial bank or finance company, then the consent of the Bank of Thailand
2.In case the debtor is a securities company, then the consent of the Office of the Securities and Exchange Commission
3.In case the debtor is a file insurance company or a casualty insurance company, then the consent must be of the Insurance Department
On filing the petition as per the above grounds, the liquidator will start the case once when he confirms and proves that the debtor’s assets could not pay off liabilities. The court’s concern with regard to the business rehabilitation is mostly on the basis of debtor’s balance sheet as well as accounting documents and liquidator’s power of arguments. Discussed further in detail in this article are procedures with regard to business rehabilitation.
According to the Article 90 of the Bankruptcy Act, once the petition for business rehabilitation is accepted, a planner is appointed, who in turn possesses duties and powers to manage the debtor’s business as well as assets. In case, a planner is appointed, then the debtor executive’s power in administering the business and assets would cease. In such a situation, until the appointment of a planner, the court will employ one or more persons or sometimes the debtor’s executive for a temporary period to deal with the debtor’s business and assets under the administration of the receiver.
During this interim period, the receiver has complete right to administer interim executives and to order them to prepare explanation regarding the account details as well as anything pertaining to the management of business and assets. The interim executives would be relieved from the powers of receiver by the court when the receiver makes a motion.
In such situations, the court would employ new provisional executive to presume the office. In case the court does not appoint interim executive, then according to the Section 90/20 of the Bankruptcy Act, the receiver would be given power for a temporary period to manage debtor’s business and assets. Likewise, according to the Section 90/21 of the Bankruptcy Act, until a planner is appointed, all of the rights of the debtor’s shareholders would be suspended except for in the case of right to obtain dividends.
Once the acknowledgement order for business rehabilitation has been received, the debtor’s executive should handover everything from assets and seals to book keeping ledgers and documents pertaining to business, assets, and liabilities of the debtor to the provisional executive or the receiver.
Nowadays, a number of leading law firms is in the scenario to provide excellent services in connection with business rehabilitation and bankruptcy. Many of them undertake a plethora of such services in connection with business reorganization as analysis as well as consultation with creditor or debtor, filing petition for business rehabilitation, plan administration, and planner representation.

Your US Immigration Questions Answered

July 19th, 2009 at 10:39am Under Immigration Law

US Immigration has become a very important issue for American citizens and those individuals or families wishing to settle in America. Since the establishment of the first colonies in America, there have been immigrants desiring their chance at freedom. Elis Island was, for many, a portal to a new life through which they would pass to begin their journey.

Hundreds of thousands of individuals fled persecution, poverty or inhumane conditions to come to the United States for a chance to live the “American dream” of life and the pursuit of happiness.

A Visa is legal documentation that a person intends to be a visitor in the United States either for a limited stay, such as a visit, or for an indeterminate amount of time due to work, school or vacation purposes, thus a part of the US immigration process. Asylum is when a resident of another country is seeking to be allowed in the United States due to hostile rules, oppression or economic hardship suffered in their home country.

Illegal immigrants, or known as illegal aliens, face deportation as part of the US immigration program if they are discovered within the country illegally. Illegal US immigration can severely affect the economic status of the community. The illegal US immigration effects can range from criminal activity, illegal workers working for wages far beneath the minimum standard wage set forth by the state as well as a burden on the healthcare system if they do not have healthcare insurance.

The current laws regarding US immigration limit how many people are allowed asylum or entrance. There is currently a change to the testing questions for people seeking citizenship. At this time there is a debate waging on passing stricter laws and harsher penalties for people coming into the states illegally.

For more resources about immigration law or even about immigration bill and especially about immigration news please review these links.