Tag 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.

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.

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.

3 Attributes You Should Look for Among Albuquerque Family Lawyers

Family LawyerWhen the time came that same-sex marriage had been legalized, a lot of gay couples took this as an opportunity to bind the love they have with their partners. However, this does not exempt them from the struggles which heterosexual marriages face. Whether the issues would be in an emotional or financial sense or whatnot, the point where separation is necessary may be reached when things get out of hand.

In such circumstance, the Law Office of Doreene A. Kuffer says you should be ready to receive the needed support by knowing how to choose among Albuquerque family lawyers. Here are three attributes you should ensure in the attorney you are about to hire:

  1. Imaginative – You might think that for a very serious matter, there is no need for abstract thinking. However, this would be essential when thinking of possible scenarios you would come to face, particularly if your separation is a difficult case.
  2. Time-conscious – Chances are that your attorney would have a few other clients on his or her plate. This should not be a problem provided that he or she knows how to commit to a schedule with you, where 100% focus is devoted whenever your case is the one at hand.
  3. Affordable – It is highly important to take into account your financial capability when you are looking for a lawyer. You would not want to force yourself in stretching your budget so much just so you could pay for a reputable lawyer’s fees. Be wiser about this and know that the most expensive ones do not necessarily equate to performing the best.

If you would do some research, you will see that the separation among LGBT couples would not be so different with a heterosexual union.

Interestingly, there is such a thing as the collaborative law model which helps couples figure out acceptable ways to carry out their divorce should this be the end decision for both parties.

It would be apt if you are able to lessen the emotional burden of what you are going through. Using this tenet as a way of guidance would be ideal. This is something you may discuss with your lawyer once you find the right one.

Involved on a Hit and Run: What You Can Do

Lawyer in ProvoLeaving the scene of an accident has serious legal ramifications in Provo that might include the offence escalating into a felony. You do not want to find yourself in this difficult experience. Whatever you do after the accident can be the difference between you spending time behind bars and walking freely.

Here’s how you can counter your hit and run charge:

Leave a Note or Locate the Affected Party

Sometimes, you may hit a car that has no occupant. The law in Provo requires you to use all means at your disposal to locate the owner. If the owner is unreachable, you should leave a note with your contact information. In other words, the law wants you to be responsible for your acts on the road.

Contact a Lawyer 

If you are facing hit and run charges, the next step you should take is to contact a felony lawyer who understands the laws in Provo and Utah by extension. All you will be looking for at this moment is an opportunity to make an explanation. A good lawyer will not only help you review the facts, but also advice you about the defense options available.

Turn Yourself In

It might sound better to the jury or judge that you took responsibility for the action by reporting to the police, than if the law enforcers had to hunt you down for weeks. Such an action will also give your defense attorney an easier time explaining your side of the story.

While you do not become a criminal by being involved in accident, fleeing the scene of the accident is illegal. You might be charged with hit and run if you fail to report the accident, contact the affected party or wait for the police to arrive. Not getting legal advice puts you in an even deeper hole. If for any reason you had to leave the scene, doing what is suggested here may help you escape the jaws of the law.

Thinking Of Visting New Zealand? Consult an Immigration Attorney.

Immigration Attorney in New ZealandNew Zealand’ s captivating beauty made up of the snow capped mountainous peaks, the dense forests not to mention its rich diversity of people has continually attracted migrants from all over the world. Assuredly, this is a place you might also desire to either temporarily or permanently reside in. However, the immigration process can turn out to be daunting, frightening and even confusing. Many people feel that they can handle the process by themselves or through their friends, but it’s much more beneficial to seek the services of immigration experts like Business immigration NZ;

Experience

An experienced immigration consultant will give you an honest and realistic assessment of your chances of succeeding. The practical experience of the expert will be at hand as you are navigated through the whole application process. Such experienced experts foresee the possible difficulties, providing you with solutions while ensuring you answer consistently. The experts must demonstrate a thorough knowledge of New Zealand immigration law and licensing scheme.

Authorization

It will be more helpful for you to bear in mind that not all people who purport to help are authorized by the New Zealand’s government. However, the majority of the consultants are licensed and registered to assist you through the process. The Immigration Advisors Authority provides information on who is registered. The experts who are registered have a practicing certificate bearing their license number and apparently their name. Any person providing immigration advice about New Zealand without a license commits an offense.

Many options

Migrating from your home country to New Zealand might be on a temporal or permanent basis. Therefore, you will expect an immigration attorney to select a work program that suits your profile, qualifying you for permanent residence in the shortest time. In case you don’t qualify for permanent residence, you will be advised accordingly. Temporal visas in most cases lead to permanent residence. If your application takes a little bit longer or is rejected, you will know the reason and be advised on how to launch the appeal process.

Thus, if your desire is either to live, work, study or just tour New Zealand’s beautiful scenery adorned with dense bushes, clear waters, and snowy mountains, engaging an expert in immigration will guide you step by step. Your mind will be at peace.

Insanely High Child Support Fees? You Might Be Paying Too Much

child support

child supportChild support is a necessary expense that comes out of divorce proceedings. By law, non-custodial parents should pay a monthly allowance to cover their children’s needs. Usually, the court creates an amicable agreement for both parties to ensure the non-custodial parent pays a fair amount.

But when it comes to support calculations, when is it enough? How much is too much?

How Child Support Works

During a divorce proceeding, the courts calculate the income of both parents when it comes to their contribution for the child. Their contribution reports how much the non-custodial parent should pay for child support.

There are three factors considered in determining the amount. These include the following:

  • Childcare costs: school or daycare programs
  • Financial income of each parent
  • Age-based needs of the children
What If You are Paying Too Much?

Each state uses a formula to calculate the child support a non-custodial parent should pay. If you are knowledgeable in state laws and still feel you are paying too much, or if you recently suffered a job loss, there are other options available. But keep in mind that despite your ex’s increase in earnings or new marriage, you might still pay the same amount.

Not all non-custodial parents are eligible for child support modification. The courts often have strict rules when it comes to rejecting or accepting modification requests. With these factors, it is important to seek the help of knowledgeable child support lawyer in Utah.

Reducing Fees through Child Support Modification

Appealing with you ex is one of the best ways to guarantee reduction, even on a temporary basis. You can speak with the custodial parent and express your situation. Hopefully, your ex-partner will agree and enter the modification process without a hearing.

If you are not in good terms with your former spouse, you can request modifications through the court. The process requires hearings to present your side, why you need modifications, and why you qualify. The modification also requires proper documentation that proves you incapable of paying the amount due, financial hardships, or why you think it is unfair.

No parent should pay more than what they can afford. Apart from the lack of fairness, the issues can be detrimental for the children of divorced parents.

Diminished Responsibility and Voluntary Manslaughter: What Qualifies

Law

LawOne of the most common defenses in criminal cases is diminished responsibility. While it is an effective defense, it can still be tricky since it is circumstantial. It takes an experienced criminal defense attorney to fully utilize this case defense theory. Learn more about this concept to help with your concerns.

What qualifies as diminished responsibility

Diminished responsibility is a psychological concept that considers the decision making capabilities and the condition of the mind of the suspect. This may be due to the influence of external substances, illness of the mind, or the age of the person’s mind.

Minority and senility

Minority is defined as being under the age of 18. The law puts into perspective the lack of development in the mental faculties of the child and their incomplete view and understanding of the world. The same applies to senility, where a person is too old to comprehend certain matters.

Intoxication as a mitigating circumstance

Criminal defense attorneys in Houston mention intoxication qualifying as a diminishing factor in cases where a person was intoxicated or influenced against their will or without awareness or consent. Intoxication influences the mind of the person, specifically the  mental faculties and basic perception of the world.

When under the influence, people may not properly discern the events transpiring, and they may not be aware of their actions. To their mind, they are doing nothing out of the ordinary, or there may be instances when they feel they are out of touch with reality. A person cannot be held responsible if the influence was not a voluntary act,  and they are a victim of circumstance.

Remember that the court considers these defenses on a case-by-case basis. Consult a criminal defense attorney to build your defense.