July 19th, 2009 at 10:38am
Under Family Law
The following Q&A’s have been provided to help you better understand Family Law.
Q. I recently divorced my husband who has left me with the four children and he has suggested that as we have no assets he will give me half of his superannuation. What should I do as I am unemployed and on a single mother’s supporting pension and he does not pay child support?
A. Unfortunately you are being very badly treated as your entitlements would include spousal maintenance, child support (see the child support agency) and access to at least 50% of his superannuation. You need to seek urgent legal assistance and perhaps legal aid is where you should look first.
Q. I have been divorced from my former husband for over seven years and although I am in employment he has been on the dole throughout and has a history of violence. Recently he approached me and suggested that as he was now in a stable relationship he would like to have contact with our son. What should I do?
A. In all cases involving children it always gets back to what is in the best interests of the child. Should your ex-husband have a history of violence involving both yourself and the child, custody would not be an issue and supervised contact is probably what would be allowed. This always gets back to working out a program which will be acceptable to both parties provided that the child will not suffer as a result.
Q. I am currently involved in a de-facto relationship and my partner has excluded me from the home by locking me out. What can I do as she has become personally violent towards me and we need to sell the house so we can go our separate ways?
A. In regard to the property you should ask your solicitor to write to your ex-partner indicating that you wish to have the property sold and if they do not comply then you can always approach the Equity Division of the Supreme Court for relief.
Q. Do you think it advisable for me to enter into a financial agreement with my intended defacto partner as I have all the assets and she has very little?
A. Yes. There are a number of reasons for doing this but principally you need to ensure you are fully protected given your age and if the relationship breaks down then you have a level of protection which would not otherwise be available to you.
Q. I have been involved in a same-sex relationship with another person for over 20 years and I have retained a firm of solicitors who seem reluctant to push my case as strongly as I would like. The other side is making mincemeat out of my representative who does not seem to know what to do to counter their attacks. What do I do in the circumstances?
A. If you are unhappy with the type of representation you are receiving and the service is falling well short of your expectations then you need to consider whether or not it is in your best interests to move to another lawyer. Same-sex defacto relationships and marriages which fail all require representatives who possess skills appropriate to best represent their client’s interests. If counselling, mediation and conciliation has not worked for you such that you find you are under constant attack and need to take a more forceful approach then perhaps it is time for you to consider changing lawyers to one who can better represent your interests as a 5-10% swing in entitlements from one party to another may mean that legal fees become irrelevant in this context as you will need to fully protect your interests in these circumstances.
Q. I have just broken up with my defacto partner and everything was in her name, although I did a lot of building work to improve the property and paid the mortgage instalments whilst we were together. Am I entitled to be recompensed for my contribution to the relationship?
A. Yes. Effectively where two people are in a defacto relationship and one makes all the financial contributions to it whilst the other takes the benefits even though they may own the principal asset the court will look to the nature and extent of the financial contributions you have made and the assets will split based on this after accounts have been taken.
Q. My boyfriend has a couple of children to an ex-girlfriend who has packed up, moved on and not told anyone where she has gone. Is there anything my boyfriend can do?
A. Yes. He can approach the court for orders which means that anybody who has any knowledge of those children’s whereabouts has to deliver up information so that their current location can be discovered so the court can make orders for their return.
Q. I am a grandmother – do I have any rights to see my grandchildren?
A. Yes. You fit within a particular class of important individuals which the court considers important to the development of your children and therefore you would be entitled to see them after you have approached the court for orders.
Q. What effect with the new changes in the family law system have on children?
A. All children will have a right to know both their parents and to be protected from harm.
Q. What impact will the new changes have on parents?
A. Parenting is regarded as a responsibility which should be shared equally. This may not mean equal time; it could mean substantial or significant time spent by both parents with the child.
Q. Is it true that these new family law changes mainly focus on children?
A. Yes. These changes in the law are all about putting the needs and best interests of children first.
Q. What are the responsibilities of parents in this regard?
A. Parents bear the responsibility for their children’s physical and emotional wellbeing which should be share equally between parents provided they are not subjected to abuse or violence. Co-operation between separating or separated parents is an essential part of these reforms.
Q. Do these reforms mean that children will spent equal amounts of time with each parent?
A. No. The focus is both parents will have an equal role in making decisions about important issues such as schooling and health care.
Q. How do parenting plans and parenting orders sit with each other?
A. Basically it means that both the parents and the court need to have the best interests of the child in mind at all times when making decisions affecting the child’s wellbeing.
Q. How will the courts determine how much time the child spends with each parent?
A. Courts will determine this by reference to what is in the best interests of the child and other practical considerations. Time can mean equal time or substantial or significant time with both parents which may include day to day routine time not just weekends and holidays.
Q. When will these changes which focus on cooperatively resolving disputes come into operation?
A. It is expected they will start on 1st July 2007 when parents will be required to attend family disputes resolution sessions and be expected to make a genuine effort to resolve issues and disputes before taking a parenting matter to court.
Q. How does the court system accommodate these changes?
A. In parenting cases there will be change to a case-management approach with the focus being on the early detection and dealing with of violence and abuse.
Q. What will happen where there has been a breach of parenting orders?
A. The court will have wider powers to deal with people who breach parenting orders.
Q. What will happen where parents fail to fulfil their responsibilities?
A. Where parents fail to fulfil their major parenting responsibilities the courts will be able to take these matters into account.
Q. At what stage will this disputes resolution mechanism come into play?
A. Separating parents will be required to undertake some form of disputes resolution for parenting disagreements before proceeding to court. Parents will have access to the new family relationship centres or may attend another accredited service or practitioner in this regard.
Q. Will it be compulsory for separating couples to attend a family relationship centre?
A. No, but the law will require separating parents to attempt disputes resolution before taking a parenting dispute to court.
Q. What does the court bear in mind when considering what is in the best interests of the child?
A. That the children know both their parents and to be protected from harm each being given equal weight.
Q. Are there any other considerations which are taken into account?
A. Yes. Additional consideration is given to views expressed by the child, the nature of the child’s relationship with his/her parents and other important persons such as grandparents, relatives and extended family members as well as the practical difficulties of a child having contact with a parent(s).
Q. Are children entitled to independent legal advice where a matter proceeds to court?
A. Yes. The court may order an independent lawyer be engaged to represent the best interests of the child and to inform the court of their independent view in this connection.
Q. What is a parenting plan?
A. A parenting plan is an agreement worked out between a child’s separating parents which can take any form provided it sets out the parenting arrangements for children. It must be produced in writing and dated and signed by both parents.
Q. Can a parenting plan be changed at any time?
A. Yes, as it is voluntary it needs to have the agreement of both parents. It should be borne in mind that parenting plans are not legally enforceable.
Q. Will the court have any regard to parenting plans if they are not legally enforceable?
A. When the court is making a parenting order in relation to a child they are required to consider the terms of the most recent parenting plan and to consider the extent to which both parents have complied with their obligations in relation to the child.
Q. Where a court has made a parenting order with respect to parenting arrangements can the parents change it without having to go back to court?
A. Yes provided the court order does not prohibit this.
Q. Although it is expected that family disputes resolution to new parenting cases will apply from mid-2007 when will it apply to all parenting cases?
A. The final date is expected to be mid-2008 but it will not apply in cases of family violence or child abuse.
Q. Will family disputes resolution apply in all cases?
A. No. It will only apply to parents who want to go to court over a parenting issue where it is compulsory unless they fit within the listed exceptions or where they have already agreed on parenting arrangements.
Q. How does the court know that compulsory family disputes resolution has already taken place?
A. This is because a certificate is required from an accredited family disputes resolution practitioner before the court can hear an application for a parenting order. Basically the certificate states that family disputes resolution did not work for a number of reasons.
Q. How will family violence and child abuse be dealt with under the current changes?
A. Family violence and child abuse will not be tolerated. This is the fundamental principle of the new reforms. Family violence includes actions or threats by a person against any family member or their property including witnessing such actions or threats. Fear and the apprehension of violence are addressed. A person must reasonably fear for or be apprehensive about their personal wellbeing or safety. The courts are required to act promptly in cases of violence or abuse. State and territory agencies are expected to investigate allegations of violence and abuse without delay.
Q. My de-facto partner and I recently separated and it is proposed that we split the assets 50:50. What should I do?
A. If there are no children then it is purely and simply a question of splitting the assets but it should be remembered that de-facto couples are not treated as generously as married couples. It really gets down to taking accounts and the extent of financial contribution made by each partner.
By Law Article
July 19th, 2009 at 10:38am
Under Estates Law
Real estate refers to immovable property such as land, which also includes rivers or streams that may be part of the land, as well as any physical structures that may be affixed to the land like houses, buildings or commercial establishments.
The terms “real estate” and “real property” are often understood to mean the same thing, although in some circles, real property refers to the rights of the owner over the real estate. Both terms are used mainly in common law, which is further divided into property law, the laws that refer specifically to the property, and contract law, the laws which refer specifically to the rights of the person over the property.
For centuries, people have viewed land as the primary measure of wealth. Even today, land comprises a large part of the fortunes of the wealthiest individuals and nations. Developing countries who are rich in real estate use this to attract foreign investments that can spur economic growth. However, in recent years, economists have noted that the key real estate investments into developing countries have been derailed by the lack of effective laws to safeguard such investments.
The leading source of capital for purchasing and developing land real property is mortgages. These are loans that banks grant to individuals who use the real property as collateral. Mortgages are favorable endeavors for banks because they can’t lose: either the borrower successfully repays his loan with interest or if the buyer cannot pay his loan, the bank can claim the rights to the property through foreclosure, which is an action that is decided in a court of law. Once the property is foreclosed, the bank can sell it to recoup its loan.
This is where economists raise a howl. An analysis of international banking and real estate laws reveals that, in many developing countries, there is no effective way for a lender to foreclose. With no legal or institutional protection, many investors are discouraged from investing in real estate in developing countries. Often, the mortgage loan industry is only open to a select few, mostly engaged in by a cabal of well-connected families who frequently use their social connections in matters of foreclosure.
By Law Article
July 19th, 2009 at 10:37am
Under Environmental Law
Augusta, ME – Two law firms, Verrill Dana in Portland, Maine, and Wiley Rein in Washington, D.C., have been awarded a 2008 Natural Resources Council of Maine Environmental Award for their tireless efforts to free the Sebasticook River by removing the Fort Halifax Dam in Winslow.
For about 100 years, the Fort Halifax Dam at the mouth of the Sebasticook River in Winslow blocked passage of salmon, striped bass, sturgeon, shad, alewives and other sea-run fish. The dam generated very little power and did not earn enough money to justify the construction of an adequate fish lift. So, in 2002, Florida Power and Light, which owned the dam, applied to remove it and in 2004, the Federal Energy Regulatory Commission approved removal of the dam, which should have marked the beginning of the rebirth of the native sea run fishery in the Sebasticook River.
But a small group of landowners, who preferred an impounded pond to a free-flowing river, appealed the government’s decision to the Washington, D.C. Circuit Court of Appeals. Fortunately, attorney Chuck Verrill and his team from Wiley Rein—Evan Cochran, Paul Dame and William Grimaldi—took the lead on that case for NRCM and the other organizations that make up the Kennebec Coalition (American Rivers, Atlantic Salmon Federation, and Trout Unlimited and its Kennebec Valley Chapter). The efforts of these attorneys helped ensure that the court eventually reached a decision to uphold the removal order.
This same handful of landowners also sued the Governor and numerous state agencies for entering into the groundbreaking agreement that required fish passage at Fort Halifax. The same agreement resulted in the successful restoration of 17 miles of the Kennebec River through the removal of the Edwards Dam in Augusta in1998, and the installation of fish lifts at three other dams in the Kennebec watershed.
The lawsuit against the Governor went all the way to Maine’s Supreme Judicial Court, where William Harwood and Nora Healy from Verrill Dana intervened successfully on behalf of NRCM and our coalition partners. Mr. Harwood and Ms. Healy worked tirelessly through this process once again when the same group of landowners appealed the State of Maine’s dam removal permit, and again this case went all the way through Maine’s Supreme Judicial Court. Again, it was the hard work and dedication of these dedicated attorneys that helped ensure a positive outcome in the case.
Yet another battle appeared in the removal of the dam came when an out-of-state hydropower firm got involved. And, here again, as before, all of these attorneys worked together seamlessly in their efforts. Thanks to their dedication, on July 17, 2008, the Fort Halifax Dam came down.
“We have seen how quickly and dramatically rivers can recover when a dam is removed,” says NRCM Executive Director Brownie Carson. “In the Kennebec, once choked by the Edwards Dam, we see not only our native-sea-run fish returning to spawn, but also thriving populations of eagles and Osprey, mammals, and other wildlife that rely upon healthy rivers. We look forward to seeing this same great change in the Sebasticook, thanks to these attorneys at Verrill Dana and Wiley Rein. NRCM is honored to give them a 2008 Natural Resources Council of Maine Environmental Award.”
By Law Article
July 19th, 2009 at 10:19am
Under Entertainment Law
Are you aware that there is no such thing as coincidence and nothing happens by chance? Every single event that is projected onto the screen of space and time (appears in your life) was produced by the use (or misuse) of energy and Spiritual Laws. Notice I said laws! The Law of Attraction does not act alone!
Before anything can be attracted to you it is vital to understand the time-tested Principle of Power. Imagination is your key to real power. The Inner You lives in a world that is ruled by Imagination. Learn how to use it and all Spiritual Laws and you will begin to transform your desires into reality. Goals are achieved when you can focus on the realization of your dream and live in the feeling of fulfillment, in complete confidence, regardless of appearances.
Are you pleased with your current reality?
Your mental habits are building your finances, health, career, and relationships into form. The most important factor in releasing the Law of Attraction for financial success concerns your mental blueprints and beliefs about yourself. You become what you believe and feel to be true. Emotionalized belief can block out, repel or attract to us that which is consistent with our images and beliefs.
Images of the Mind: Blueprints for Life.
The undisciplined mind finds it challenging to claim a result which is denied by their outer senses. Most of us are creatures of habit. Many of our habits are fear-based. Doubts and fears rob us of our deepest dreams. If you want answers as to why you have or don’t have what you desire, look no further than your habits of thinking and feeling towards yourself and others.
Once you evict the mental-cause that is producing poverty and develop a mindset of success fueled from joy, only then will you achieve lasting results. It takes repeated effort and inner conviction to build success through repetition.
From this moment forward refuse to entertain, think about, or talk about failure. Once you accept the idea that you were born to succeed because the Infinite Within You cannot fail, is when the Law of Attraction will go into motion and begin to attract to you everything you need to achieve your goal.
The key to successful living using the Law of Attraction is to know how to tip the scales in the direction of joy and bliss! Your feelings are your point of attraction. In order to manifest your heart’s desires it is essential to practice feeding your mind new ideas until all fear based gibberish stops dominating your self-talk. And it will, if you will persist. Housed within you is the code to succeed. Use it and you will become a living magnet to wealth and success.
By Law Article
July 19th, 2009 at 10:10am
Under Elder Law
By: Carolyn L. Rosenblatt, R. N., Attorney at Law
Caregiving can be a beautiful, though difficult experience. We love our parents, and want to help as they grow frail and less able to do for themselves. It is our last chance, at this part of their lives, to show love, to be loved and to help them as they once helped us when we were babies. But can they drive you a little crazy (or a lot) in the meantime? You bet!
For those who are caring for an aging parent with Alzheimer’s Disease or other dementia, the memory loss problems can lead to complete contradictions, irrational changes in behavior, and many repetitions. The parent may ask you the same question over and over, until you run out of patience answering it. She may accuse you of taking her money, her purse, or anything, until you pick it up from where she left it and show it to her. Then, maybe she’ll ask you for it again a few minutes later. This kind of problem faces most caregiving adult children who are trying to manage an elderly parent at home. How do you keep from blowing up?
Maybe you can’t and you lose patience sometimes. When you do, it’s a sign of your stress level, and part of your internal “guidance” that you need some relief. Where do you get it? Family, friends, and caregiving agencies are good sources for many. Even if you have a sibling who seldom helps, you may be able to persuade him or her to take Dad for a weekend, or a day. It won’t happen unless you ask, as the reluctant–to-help siblings never volunteer, do they? Many assisted living facilities offer “respite care”. That is, they will take care of your aging parent overnight, or for a few days, for a daily fee. The elder typically receives all meals and can participate in social activities offered. Arrangements must be made in advance, to be sure there is a room available.
Many homecare agencies will also place a worker with your aging parent for a day or even a few hours, to enable you to get a break. You need to research agencies in your area and find out about short term services, if long term help is not in the budget. When the budget is too tight to pay for help, seek relief through your local volunteer organizations, senior centers, churches, synagogues or community service groups. Asking for a volunteer to stay with your elderly parent can relieve the feeling of being overwhelmed, and allow you to take care of your own needs that so often get pushed aside in the caregiver’s life.
The National Family Caregiver Alliance, a nonprofit organization, is also a helpful resource, among many other resources on the internet. It provides support groups and even local retreats for caregivers through its offices in many cities across the country. The most important thing is to ask for help. Admit that this just gets to be too much sometimes. We all have limits. It may seem hard to get away, but it is as necessary as caring for Mom that the caregiver take time out to refresh and recharge those batteries.
© 2009, AgingParents.com, Carolyn L. Rosenblatt, R. N., Attorney at Law
© 2009, AgingParents.com, Carolyn L. Rosenblatt, R. N., Attorney at Law
By Law Article
July 19th, 2009 at 09:02am
Under DUI Law
“A Nation Without Drunk Driving.” This is a symposium that will be sponsored by Mothers Against Drunk Driving, or known as MADD as part of the International DUI (meaning Driving Under the Influence) Technology Symposium that would be held on the 19th and the 20th of this month in Albuquerque, Canada. During this symposium, the latest innovations to help out lessen the number of drunk drivers would be showcased. The list would include alcohol-detecting sensors and anklet devices. These actually test the alcohol levels in the skin so much so that the ignition on their vehicles would lock up in case they do detect that a driver is drunk. All these innovations and technologies would be presented by researchers, law enforcement officers, and criminal justice people.
If you have been arrested for DUI or DWI, it is obviously cause for concern—but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That’s why it would be a good idea to consider hiring one of America’s Top DUI and DWI Defense Attorneys now. DUI laws are quite complicated nationwide. A good lawyer is very important to help you in your defense. Good DUI lawyers are specialists in drunk-driving cases. They try only such offenses, and know the courts and the laws well. There is also a National College of DUI Defense where you can search for DUI attorneys. A good DUI lawyer can guarantee you more than just arguments in court. Since DUI laws are complicated, a good attorney can pick holes in the case against you and, with some technical help, he or she can get you out of the charge with a small penalty.
DUI laws also distinguish between drunken driving and recklessness. If the charges are reduced to recklessness, the penalties are much less severe. Another aspect of DUI defense is the DMV hearing. The DUI lawyer will have to represent you in this separately. The DUI trial and DMV hearings are separate, and you might end up with a suspended license from either trials or both. Again, a good DUI attorney is essential for the DMV hearing as well.
A drunk driving conviction is not a matter of life or death in the literal sense, but a DUI conviction or guilty plea will affect your life. The first and most obvious effect on your life by a DUI conviction is the punishment. Depending on whether you are guilty of a misdemeanor offense or a felony DUI offense, you will pay a fine, potentially lose your license to drive, possibly serve some sort of community service, and maybe serve some time in prison. The punishment escalates if you are convicted of a DUI-related offense for the second time within a certain time frame.
You want a very good DUI lawyer representing you no matter what DUI-related charge you are facing for the obvious fact that you could either actually be innocent of the DUI charges, or even if you were in-fact guilty, a good DUI attorney could have the DUI charges against you dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the blood or breath tests taken. There are many factors that can affect the results of a blood or breath test. A good DUI lawyer on your side will give you your best chance at showing reasonable doubt. A good DUI lawyer will also be aware of the many potential defenses, strategies and tactics that can be used. Remember, you must be found guilty of the DUI-related offense beyond a reasonable doubt to be convicted.
By Law Article
July 19th, 2009 at 09:01am
Under Divorce Law
If you are going through the trauma of divorce then it is the best to know the rules. Read on as we tell you some facts about divorce…
Child support is an important issue in a divorce case. The laws across the various states of USA are more or less uniform on this. There are various child support programs and funding by the state. Most follow the Family Support Act of 1988 to the core. The main motto of this law is that the interest of the child will prevail over all other’s interest. Payment for child support is calculated on the basic of three formulas. The first is Income Shares. This is the most used formula where an estimate of the total amount required for raising a child properly is calculated. Then the both the parents income is calculated and a certain percentage is fixed for the child fund. The second method is called Percentage of Obligor Income. This is based on the non custodian’s income. The third method is known as Delaware-Melson method. This allows the clause of ability to pay in the process. Some states like Massachusetts use a hybrid of all these methods. The main purpose of all these laws is to make sure that the child receives the best education and lifestyle. .
The rate of divorce has increases manifold over the years. Most educated couples believe that it is better to have divorce than a broken marriage. A divorce is always a very difficult and serious decision for any couple. Irrespective of the time that they have spent in matrimony, divorce can be tough proposition. Not only does it tax the concerned parties mentally and economically but there are other important issues like child custody, property share and alimony to be settled.
Divorce Recovery Suite is a private organization which provide all the information and help that a couple requires prior to divorce and after it. Their comprehensive site includes divorce laws, child support and custody, legal separations, child visitation rights, divorce settlements, grounds for divorce, separation agreements, definitions of adultery, recovery from divorce, child welfare after divorce and a chat room that provides a passionate help to all the couples who are undergoing this uncomfortable process.
The visitors to the site can also get hold of state specific divorce laws and regulations, simple interpretation of the complex laws, live chat and video room where people can share their experiences and problems. Visitors are encourages to listen to others problems and provide solutions to those problems. You also get assess to a country wide list of divorce and separation attorneys, counselors, physical and spiritual healing methods, father’s and grandparents’ rights and solutions to issues of parental alienation. They have regular updated information on the site.
Alimony issues also play an important role during a divorce. This refers to the amount that is paid by one ex-spouse to the other. Some also call this maintenance law or spouse support. Initially courts had a tendency of deciding on the alimony amount directly proportional to the number of year stayed together. But recently the trend is shifting. Now limited duration marriages draw maximum alimony. A spouse who is economically at a disadvantage receives this amount. Alimony is also more common in cases where one parent desires to stay home to care for the children for a period of time.
By Law Article
July 19th, 2009 at 09:01am
Under Uncategorized
At the on set, an employment issue may be easy to handle and resolve. As the process goes on, you will come to a realization that you cannot do it by yourself especially when the issue involves termination.
If you have been wrongfully terminated, it will be an unwise idea to deal with your employer alone and agree on something without any legal aid.
Remember that your employer has on its side expert termination attorneys who will make everything possible to defeat your claim or give you less. At this stage, you need a termination laws attorney.
Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska.
Wrongful Termination under California Law
Wrongful termination means at its broadest, as any illegal termination under state or federal law. In its narrowest use, it means that which violates California’s “public policy”. It also means that which courts have ruled as based on illegal grounds.
The California courts have expanded the above definition to include termination that is caused by:
In California, wrongful termination is often difficult to prove. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be “at will.”
However, the “at will” relationship can be modified either verbally or through custom or practice.
These modifications can be made through assurances for continued employment made by employer. It can also be modified if the company did not follow its policy on progressive discipline contained in the employment handbook. Their existence means that the employment relationship has been modified so that an employer could be required to establish “good cause” prior to terminating an employee.
As the individual facts and circumstances are considered in a termination claims, it is important that the employee keep copies of any appointing letters, employee handbooks or manuals and performance review so that the assessing attorney can better evaluate the facts surrounding your case.
Two Branches of Wrongful Termination Law
1. Wrongful termination in violation of public policy
This aspect of law provides the terminated individual with a cause of action against the employer based on strong public policy. Examples of this include:
· Anti-discrimination laws
· Whistle-blower protection laws
· Miscellaneous laws
The first two categories are self-explanatory. On the other hand, miscellaneous laws include, but not limited to, the following:
· California Family Rights Act which provides time off for serious health condition of the employee or a family member
· Pregnancy Discrimination Act which provides for time off for childbirth, and
· Other Labor Code sections that provide for time off for jury duty, for breast-feeding infants, for parents to visit their children’s schools.
Wrongful termination for “breach of implied contract”
The “at will” employee, in using this ground, must prove several factors such as employer’s consistent practice of progressive discipline and termination only “for cause”; length of employment; history of steady promotions and raises and employer’s violation of its own internal rules and procedures.
In terminating employees, employers in California must observe the substantial as well as procedural aspects of the law. Otherwise, it will result to wrongful termination.
Our
California attorneys are reliable in providing expert advice and representation for those employees who experience
wrongful termination. For more information, do log on to our website and seek the assistance of our legal staff.
By Law Article
July 19th, 2009 at 09:00am
Under Disability Law
There are certain forms of workplace discrimination that are not allowed in the United States under the Employment Law. The employer must be discriminating on the basis of a protected category in order for the discrimination to be considered illegal.
Such forms of illegal discrimination protected under the area of Federal Equal Employment Opportunity (EEO) Laws include age, gender, race, sexual orientation, national origin, religion, pregnancy, and disability discrimination. This article will discuss on the latter: disability discrimination.
The Federal Law which forbids employment discrimination against “qualified individuals with disabilities” in the private sector, and in state and local governments falls under the Title I and Title V of the Americans with Disabilities Act (ADA) of 1990.
ADA defines disability, with respect to an individual, as:
a. A mental or physical impairment that significantly limits one or more of the major life activities of such individuals; (Major life activities are actions that an average person can perform with little or no difficulty such as walking, seeing, breathing, hearing, speaking, learning, working, and caring for oneself..)
b. A record of such an impairment; or
c. Being considered as having such impairment
A qualified employee or applicant with a disability is described as an individual who possess the legitimate skills, experience, education or other requirements of a position. Further, he or she can perform the essential functions of the job in question with or without reasonable accommodation.
Reasonable accommodation is any modification or adjustment to a job or work requirement that will enable a qualified applicant or employee to participate in the application process or to perform essential job functions.
An employer is required to make reasonable accommodations to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business.
Job discrimination against people with disabilities is illegal if practiced by:
• Private employers
• State and local governments
• Employment agencies
• Labor organizations
• Labor management committees
Under the ADA, it is unlawful to discriminate a disabled person in any aspect of employment, including:
• Hiring and firing
• Compensation, assignment, or classification of employees
• Transfer, promotion, layoff, or recall
• Job advertisements
• Recruitment
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans, and disability leave
• Other terms, conditions, and privileges of employment
Unfair prejudice denies disabled people the chance to participate and compete equally with other workers. They are also denied the opportunity to live independently and be self-sufficient. The laws on discrimination prevent these from happening.
Now, if unlawful discrimination is practiced by an employer or any entity, a disabled applicant or employee may file a claim. He or she may file it with the local office of the Equal Employment Opportunity Commission (EEOC) or the anti-discrimination agency of the state where the employee works. In the state of California, this agency would be the Department of Fair Employment and Housing (DFEH).
Once the EEOC has determined that a person has a right to sue, the plaintiff will normally have 90 days to file a lawsuit in court. An expert disability discrimination attorney will be a great partner in taking a legal action.
If you think you have been discriminated by your employer due to your disability, seek the aid of our vigorous Los Angeles lawyers. Just log on to our website and know how to contact our expert legal team.
Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.
By Law Article
July 19th, 2009 at 08:56am
Under Consumer Law
Consumer rights is applicable to everything when it comes to buying goods, and that includes the purchasing of automotive vehicles. The Song-Beverly Consumer Warranty Act, more commonly known as the California Lemon Law, sees to it that consumer rights is always upheld and protected, especially by lemon law attorneys San Diego.
The California Lemon Law applies to cars where the dealership has failed to repair successfully within the warranty period, despite the number attempts to do so. While the number of visits is not that specific, it usually is about your fourth visit when you should start taking the legal route. Also, if the car has been in there for over 30 days, you can apply it then as well. However, keep in mind that it is assessed case-by-case.
If ever your situation satisfy these conditions, then the manufacturer or dealership is supposed to refund your money or replace the vehicle with a similar one. The attorney’s fees are also to be included, which is good for those who can’t afford one. These can apply even if the car started going haywire outside the 18-month period or has already exceeded 18,000 miles.
This lemon law also applies to used and leased vehicles, which include boats, motorcycles, and recreational vehicles that are private and non-commercial. It can apply to business as long as they are under 10,000 pounds in total gross weight and at a total of five vehicles or less.
Customers are not necessarily in need of self-arbitration, but they will have to settle a warranty dispute to the manufacturer before taking the case to court if a state-certified arbitration program is maintained. This process usually is outlined in the warranty or owner’s manual. But then again, it would usually tell you to have it repaired by the manufacturer, which just leads you back to square one.
If the manufacturer still does not comply to the terms and conditions of warranty, then it would be wise to take it to the court. By this time, a good lawyer experienced in this field is to be hired and a questionnaire or complaint form from the Californian Vehicle Warranty Rights Act Department is to be filled up. Information such as the brand and model of the vehicle, year of manufacture, mileage, name, contact details, date of purchase, and so on is to be written down and submitted with copies of documents needed.
Upon submission and approval, you are to fill up another form that states the parameters of eligibility. Your lawyer should be able to handle this by filing a claim under the California Lemon Law with a letter to the manufacturer.
This letter will notify the manufacturer of your intentions to initiate a breach of express or implied warranty. With that, a copy of that document must also be submitted to the Consumer Affairs Department and the Attorney General’s office. These requirements are necessary for the proper processing of your case.
The California Lemon Law is there to assist in obtaining either a refund or a replacement of the car if ever bad things do happen. This is only possible if you have filed the proper documents and hired some lemon law attorneys San Diego who is experienced in this field. If you have all of those, then things can turn to your favor.
Nupur Das, an ardent writer is a Masters in English.She has many short stories to her credit and now given her attention to article writing.Please visit my blog
http://different-lemon-laws.blogspot.com for more legal aspects of Lemon Laws.
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