Category Archives: Law

Common Legal Grounds of Fair Job Dismissal

Boss dismissing an employee. Dejected fired office worker carrying a box full of belongings. Getting fired concept.Losing your job is a painful experience. Unless your boss has substantial constitutional grounds to validate your termination, you can file a lawsuit for unfair dismissal. If you have been employed for more than 13 weeks, a minimum period of dismissal notice should be provided.

You can ask your employer to provide you with a written report of the reason for your termination. This should be delivered within two weeks of your demand. If you were unfairly dismissed, you should consult employment lawyers in Wellington to learn about your legal options. Rainey Collins Lawyers cites some legitimate grounds for a fair job termination.

Incapability

Incapability consists of issues like absenteeism and tardiness. If these are the cause of your dismissal, the employer should have documentary evidence. This can be in the form of clocking-in reports or absences, which are not medically certified or documented in your file. The employer should also prove that you were informed of the issue and warned of consequences.

Incompetence

Competence refers to your ability to carry out assigned tasks. You should first be aware of your job description and set standards. Should you fall short of these standards, you must be warned through formal set procedures. The warning should also specify the necessary improvements and give you a reasonable period to improve. After the employer has done all these, he or she can fire you for incompetence.

Misconduct

Misconduct as a ground for dismissal often ranges from grave or gross to ordinary cases. Grave misconduct, such as assault, stealing, a serious breach of company policy and drunkenness can lead to summary dismissal. Ordinary cases of misconduct warrant a thorough investigation and appropriate warnings before release.

Another ground for fair dismissal is job redundancy. But you can counter this reason by proving there exists no economic justification for redundancy or you were selected unfairly. Different employment contracts may contain various grounds for dismissal according to set company policies. It is, therefore, important to understand your contract before signing it.

Where is the Love? Questions to Ask Your Divorce Lawyer

Divorce lawyer talking to her clientsConflicts involving partnerships and relations among family members can be difficult to resolve. There are filial emotions involved and relationships to consider. When extreme misunderstandings arise, there is no choice but to seek legal relief from law firms like burnhamlaw.com.

Domestic Affairs, Denver Style

Denver is one place where specific laws and statutes govern family and domestic affairs. If you find yourself involved in a family legal dispute, a good Denver family attorney could be your only chance of sorting out the domestic issues in your favor.

Family attorneys help clients seek legal relief from problems involving marriage, civil unions and domestic partnerships. Aside from divorce, annulment and legal separation, they handle related issues such as prenuptial agreements, child custody and support, guardianship, alimony or spousal support, paternity and elderly custody and care. In tough cases, they create protection orders. Aside from marriage-related cases, they also handle the family estate, wills and inheritance issues.

Choosing a Family Attorney

Your search for a family lawyer does not end in knowing the areas of expertise that would solve your legal woes. Family cases require compassion, and you should look for this quality in your attorney. These are three questions to consider:

  • Rates – If budget is a concern, can your lawyer make some allowances for you? Family cases take long to settle, and representation costs can escalate. Some lawyers charge a flat rate service fees while high-profile cases could charge you by the hour or per task.
  • Communication – Do you know your family attorney’s personal numbers? If you need your lawyer’s attention and time, ask them if they could give you a special number to contact them in an emergency or special need.
  • Client-Attorney Relations – Is your consultation and client time strictly on schedule? Ask if you can meet your lawyer casually, such as a lunch out or for an afternoon coffee.

Never settle for a family attorney that seems good enough. Always choose the one that demonstrates genuine compassion and commitment to your case.

Is Your Divorce Lawyer for Keeps? Here are 3 Signs

Divorce agreement paperwork being signedThe bright lights of Denver, Colorado’s capital and dubbed as the Mile High City, are no guarantee that a marriage made in the city will shine everlasting as well. In fact, Denver ranks among the cities in Colorado with the highest divorce rates, hitting 12% in a span of nine years compared to its more family-oriented neighbors, such as Fort Collins (8.6%) and Boulder (8.2%) in the same period.

Divorce Dramas

Whatever city you find yourself in, as long as you’re getting a nasty divorce, the level of stress and volume of work remains the same. The Burnham Law Firm, P.C. reminds that each state has its own set of family laws that deviate or totally differ from another state. This is why traveling and relocating across states may affect your rights and the outcome of your divorce proceeding.

Getting an experienced divorce lawyer is not only a logical decision; it’s one of the best moves you’ll ever make to increase your chances of getting a fast and favorable solution. Good divorce attorneys are expected to know the intricacies of Denver Marriage and Divorce Laws, and their records of practice should prove this knowledge.

Is Your Divorce Lawyer the Right One?

Be aware of these signs to determine if your divorce lawyer is the one who could end your domestic misery:

A shower of recommendations. If possible, choose one that has the approval of a family member or a friend who went through divorce proceedings with your chosen lawyer. Take note of their experience as a client and the instances showcasing the lawyer’s skills.

No shady deals. Check court files and sources that list and review possible disciplinary actions your divorce attorney may have been given in the past. A clean record ensures that your lawyer upholds the integrity of the profession.

You feel at home. Let your instinct work for you. If you’re comfortable opening up, discussing, and even complaining to your lawyer without feeling awkward or embarrassed, then that personal relationship is for keeps.

A good divorce lawyer makes all the difference in helping you gain a favorable divorce outcome, but more importantly in helping you survive the journey to the dissolution of a bad marriage.

Family Laws in Washington: Unusual Aspects You Should Know

Colorful child custody letters and a gavelThe laws surrounding and implemented for family rights and relationships, including marriages, domestic partnerships, and parent-child relationships, are almost the same for most states in the country. However, there are still some differences on how each of these states – The State of Washington included – enforce these laws.

One thing remains certain, though: when it comes to regulations and constitutions that affect you and your child (or children) directly, it’s important that you get the help of an experienced and reputable family lawyer in Marysville. This way, you’ll have the expert guidance you need to address the surprising aspects of the state’s family laws.

There are no “child custody” laws here

Most of the states now enforce laws that address the child’s best interests instead of the parents’. In other words, the courts base their decision of who the child should live with, the division of parenting responsibilities, and whether both parents can spend time with the child (and how long) on factors that directly affect the child’s well-being. For many, this may categorize as child custody. However, the state doesn’t; it implements what it calls parenting management instead.

At its core, this law ensures that all the physical, mental, and emotional needs of a child are met and that both parents (except in cases of proven abuse or neglect) have a share in these responsibilities.

From domestic partners to legally married

After the State of Washington legalized same-sex marriages in June 2014, it also “transferred” or converted all registered domestic couples into legally married couples. A few exceptions include relationships wherein one party was older than 62 years during that time, or for those who made a request to dissolve their domestic partnership before the scheduled cutoff date.

These are just some of the unusual areas of Washington’s family laws, but their existence can make a case more complex than it already is. As such, you should already understand how valuable a family lawyer is when filing a case falling under the state’s family laws.

The Signs That Indicate You Need to Consult with a Divorce Lawyer

Divorce cracked paperFiling for divorce is a complex process. If you have assets, kids or another possible source of disagreement, then it would be wise to consult with divorce lawyers in Albuquerque. You might have no idea what to expect during the entire process. As such, you will need to have a lawyer working on your side. Perhaps there are instances there really is no need for a legal professional, and you can do the whole thing on your own. But some more complicated processes, such as these below, will definitely need a divorce lawyer:

You anticipate a child custody dispute

As soon as you have kids with your partner, it will have a massive effect on all aspects of your life, including in the case of a divorce. The risks will be higher, and it will cause a lengthy battle over who will be granted child custody. Although some couples end up calmly negotiating the terms of visitation and custody, this is not always the case.

You and your spouse share assets worth a few thousand dollars

Particularly if it involves a marital home, it would be best to get the assistance of a lawyer to help guarantee that they treat you fairly with the division of the assets you both worked hard for.

You and your partner own a company together

This circumstance can be pretty complex when filing for a divorce. Lucky for you, your lawyer will be able to help you with the specifics. If necessary, they will even get the services of financial professionals, such as consultants and appraisers.

There was domestic abuse or violence in the relationship

When a spouse threatened and controlled the other, the emotional dynamic will make it difficult to agree. The abusive partner will have the upper hand. They can easily convince their partner to agree to an unfair deal without legal counsel involved. That’s where lawyers come in to help the victim.

Ultimately, a lawyer will be a good decision whether you prefer traditional or alternative ligation such as collaborative divorce or mediation. Get in touch with a lawyer to determine your options.

What a Conveyancing Lawyer Can Do For You

House for sale that has been soldBuying real estate property is one of the biggest investments you can make, so it makes sense that you want the transaction to be as smooth and trouble-free as possible. Many things can go wrong during the process, including those that arise from the validity of the transfer of property ownership.

This is why you should hire the services of a highly qualified and experienced conveyancing lawyer in Townsville. With such a professional on your team, you can have all the complex legalities sorted out for you, including the following:

Title search

A title search is essential in the conveyancing process, as it allows your lawyer to ensure that the real estate you’ll invest in doesn’t have property claims, known as ‘liens’, made on it, or that no other party has a claim or a legal right on it. Ensuring that the title is ‘clean’ is key to a valid transfer of ownership from the seller to the buyer.

Verify no disputes on property boundaries or restrictions exist

A common mistake many property buyers commit is assuming that what they are buying is equivalent to what they thought is the entire property. There are situations wherein boundary- or restriction-related disputes can arise. A conveyancing lawyer will verify that no disputes exist, so you can buy a property in Australia with peace of mind.

Ensure complete transfer of valid and recorded deed

Of course, a conveyancing lawyer ensures that everything about the deed is in order, from its lawful recording and validity to its final transfer to your name. This is crucial, as you do not want problems contesting your claim or hold on the property arising in the future.

A conveyancing lawyer plays major roles in protecting you and your assets during the real estate acquisition process, so be smart and hire one to guide you throughout your purchase.

The State and Creditors: The First Beneficiaries of Any Will

A pen over a living will

A pen over a living willIt’s never too early to draft a will. For many people, doing so is a way to keep track of their finances, existing sources of incomes, life insurances, and the people they have named as beneficiaries for insurances and other properties. However, there is one more important matter that sees the light of day when people update their will: the state of their debts.

Upon a person’s death, the first payout of his or her estate will be for payments on remaining debts.

Cleaning the Slate

The first concern of the executor of a will is to fund the probate process. If that the executor is not in a position to pay for administering a will, EZ-Probate, a company that assists executors without attorneys, recommends requesting the court to open the estate. This allows the estate to pay for the probate.

Ideally, executors should pay debts in order of priority. Dues on funeral expenses are first, followed by secured debts and debts on a property. An example of this is a home mortgage. Paying this off will ensure that the remaining family members may still reside in their home following the death of a parent or head of the family.

Unsecured debts like credit cards, utility bills, rent, local taxes, and excesses on benefit claims come last.

Debts are Not Inheritable (Unless…)

Beneficiaries should be aware that if the value of the estate will be worth less than the deceased’s remaining debts, the law states that they are not responsible for paying them off. Unless they co-signed for the debts, are co-owners of a business, or live in one of the nine states that impose community property, creditors have no business harassing beneficiaries for payments.

Upon reflection, one can say that the state and creditors are the first beneficiaries of any will. Only when the executor has settled the debts can the beneficiaries receive their inheritance.

Dealing with a Trespassing Charge? Here is What to Do

Criminal Lawyer

Criminal LawyerTrespassing is one of the most common concerns in Australia. With vast expanses of land often poorly subdivided and fenced, traversing through unseen boundaries has become a common fault. Trespassing, in its criminal sense, is often deliberate.

However, there are several instances where the trespassing is unintentional, as in cases of peaceful trespasses, innocent passage, and occupations, which involve territorial right disputes. While intent is immaterial, motivation can still help you win your case.

What remedies are available to you when faced with these charges? What details are important for consideration?

Trespassing, Defined

Trespassing is the unlawful act of entering or occupying a private land or property without the consent of the lawful owner. It is also trespassing if a person simply traverses the area without permission.

Alternatively, a person authorised to enter the premises may still be liable of trespassing if he has committed acts beyond the boundaries of the authority given to him. Hence, the trespass is still a crime.

Determining the Gravity of the Offence

Once charged, it is important that you to determine the type and severity of the charge compared to that of what has actually been committed. The first question to ask is, how the trespass was committed? Did you simply walk on the premises? Or has any fence or closure been broken to allow entry?

Has there been any damage or injury to the land and the part of the owner? Was the act a product of careful planning or premeditation? These are primary questions to consider.

Legal Defence

A landowner may file civil, criminal and administrative suits separately and independently. Civil and administrative offences are easier to handle, as it will only require reasonable compensation for any damage or injury. As a crime, consequences could involve detention and community service.

Charged with a criminal offence, your best course of action is to enlist the help of expert criminal lawyer services in Townsville as attempting to defend yourself in court will only aggravate the charges.

Consult with a trusted criminal lawyer; you can fully explore your options. Make sure to protect your rights and that you make no disclosures without the presence of your attorney.

What to Do If You’re a Victim of Domestic Violence

Man holding a bottle of liquor with woman and child crying in the backgroundBeing the victim of domestic abuse is never easy. Often, the perpetrator is someone you care for, and it can be emotionally wracking to have to go through the courts to resolve your situation.

However, defending your most basic rights as a person is key to living a happy, healthy life. Getting in touch with a family law attorney in Denver, Colorado should help you navigate the legal complexities of filing domestic violence charges.

Your lawyer will also be able to give you sound advice on what actions you need to do to ensure the success of your case.

  1. Call the police.

If you are the victim of domestic violence, contact 911 immediately. If you find it difficult to get in touch with the police, then come up with a safety plan. This should include methods of escape, who to turn to when you leave, extra money, clothing, and documents to bring.

  1. Stay away from the abuser.

File a protective order against the abuser to prevent them from doing certain things, such as coming within a certain distance of you or your children or contacting you. In many cases, a judge will approve a protective order even without hearing from the abuser first.

  1. Document all evidence.

Collect all proof of the abuse as much as you can. This may include pictures of bruises, wounds, or bodily marks indicating physical violence, broken objects, and weapons used by the abuser, as well as police and hospital records. You may also want to keep a daily diary documenting everything that happens.

  1. Contact witnesses of the abuse.

Witnesses are essential to a domestic violence case, especially strangers or police officers, as they are considered impartial to the outcome of the case. If you know anybody who has witnessed the abuser acting out on you, even if it is close family or friends, get in touch immediately to see if they are willing to testify for you.

Getting out a domestic violence situation is never a walk in the park. If you are in one right now, contact the police immediately and find a family law attorney who can help you deal with your situation.

Medical Code of Ethics: A Check and Balance for Doctors

Code of Ethics SignIn 1847, the American Medical Association created a code of ethics that physicians must abide by in the course of their practice. This code helps them manage problems related to ethical considerations. More than a century later, the code of ethics remains to be relevant in the medical field.

Why the need for a code

Medical ethics address mistakes in the profession, ethical or otherwise, and help doctors avoid running into medical malpractice lawyers in Springfield, Illinois. It also serves as a deterrent and to guide physicians to provide competent and proper medical care to patients, taking care not to step on their rights and dignity.

Doctors also follow the code of ethics to ensure they are honest in their transactions. They should uphold professionalism at all times and report any medical malpractice done by their colleagues. The code also encourages doctors to support all possible access to health care.

Physicians, at all times, must respect the rights of their patients, colleagues, and other health professionals.

Covers an array of situations

In the revised 2016 AMA code of ethics, the document has 11 chapters, covering the following topics:

1) Patient and doctor relationships;

2) Decision making, consent, and communications;

3) Confidentiality of patient’s medical records;

4) Genetics and reproductive medicine;

5) Caring for their patients at the end of their life;

6) Procurement and Transplantation of organs;

7) Researches and innovations;

8) Physicians and the health of the community;

9) Professional self-regulation;

10) Interpersonal relationships; and

11) Delivering and financing of health care.

All of the issues mentioned above aid doctors to make the right choice in decision-making circumstances, where every choice may not only make or break their career but also save a patient from a life and death situation.

Abiding by the code of ethics not only helps physicians do what is right, but it also works to the advantage of their patients who need utmost care and assistance. It serves as a check and balance for doctors who may go overboard in looking after your health.