Category Archives: Corporate Law

Legal Rights Following a Wrongful Termination

Wrongful termination is defined as being the firing of an employee that breached an existing contract or violated public law or public policy, according to the Cornell Law School. Wrongful termination can take many forms. For example, if an employment contract sets for that termination can occur only for cause, when it occurs without cause, an employee can sue claiming the firing was wrongful. Wrongful termination is also known as wrongful discharge, wrongful firing, and wrongful dismissal.

When a person in Southern California faces a wrongful termination, he or she best protects his or her legal rights by seeking professional assistance from a skilled, experienced lawyer. A wrongful termination lawyer in Orange County understands the mechanics of California employment law. Legal counsel will also understand whether federal law might somehow also come into play in a case.

Illegal Discrimination

In addition to breach of contract as a basis for wrongful termination, these types of cases oftentimes stem from some type of illegal discrimination. For example, if their is a racial or gender motive associated with the termination of an employee, that firing very well may constitute a wrongful forced separation. Even in the 21st century, this type of conduct occurs with surprising regularity in the workplace.

Retaliatory Termination

There are laws on the books on the state and federal level protecting workers against retaliation for whistleblowing. The termination of an employee, done in retaliation for whistleblowing, is likely to run afoul of these laws. This type of firing very well may form a foundation upon which a case for wrongful termination can be built.

Justice in a Wrongful Termination Case

In the clear majority of cases, justice is found in a wrongful termination case through the payment of monetary compensation. In a smaller number of wrongful termination cases, a person is restored to the position of employment he or she held before being fired. When a person is restored to his or her job, that is called equitable relief. The reality is that a court will not often take this course, because it can have future negative ramifications. Nonetheless, it is a possible recourse in a wrongful termination case.

Deadlines for Pursuing Wrongful Termination Case

There can be a variety of deadlines involved in a wrongful termination case. The deadline or deadlines associated with a case depend largely upon the underlying facts and circumstances. The complexity of these cases, even when it comes to deadline issues, underscores the necessity of being proactive in obtaining experienced legal representation.

Retain a Skilled, Dedicated Wrongful Termination Lawyer

Scheduling an initial consultation with an experienced California wrongful termination lawyer is the first step in protection a worker’s legal rights and interests. During an initial consult, legal counsel will provide an evaluation of a case. This will include a consideration of possible strategies to employ to take on an employer thought to be guilty of wrongful termination. As a matter of practice, a lawyer typically charges no fee for an initial appointment in a wrongful … READ MORE

The Most Common Slip and Fall Injuries

 

Slip and fall injuries are a common form of accident that over one million United States citizens face each year. These injuries can be slight, as only a few sore bumps, or more severe, causing death. Having an experienced lawyer who knows how to handle a slip and fall case is imperative to proving neglect. Let’s look at some of the most common slip and fall injury cases that the courts hear each year.

Uneven or Wet Surfaces

This is the most common type of slip and fall injury case that is pursued, making up for over 50 percent of the national caseload each year. These conditions can make the walking surface dangerous for potential users. Some common conditions include:

  • Loose Floorboards
  • Potholes In Parking Lots
  • Ripped Carpet
  • Sidewalk Defects
  • Freshly Waxed or Mopped Floors

Neglect in The Nursing Home

It’s no surprise to anyone that as humans age, their bodies start to deteriorate and make it difficult to maintain balance. This puts senior citizens at a high risk for falling. When those in nursing homes fall they are more likely to sustain a life-threatening injury, such as a hip fracture.

When nursing homes are understaffed or not properly monitored, slips and falls may occur. An experienced lawyer from Russell and Hill PLLC will be able to advise you on the factors to look for in neglect when a slip and fall injury happens at a nursing home facility.

Adverse Weather Conditions

When the idea of a slip and fall injury is brought up, many quickly imagine an elderly person slipping on the icy sidewalk. Ice, snow, and even rain can cause injuries to occur. To make life safer for many communities, municipalities and property owners are held responsible for shoveling and salting sidewalks and other areas when bad weather strikes.

Improper Training At Work

Some jobs require employees to walk on slick, narrow, and uneven pathways. These are typically the constructions and manufacturing industries. Proper training on what to look for, how to go about walking on these surfaces, and using safety equipment the correct way is important for every business to relay to all their employees. If they don’t train their employees properly, they can be held liable for slip and fall injuries that occur while an employee is at work.

Inadequate Lighting

Not having a walkway or staircase properly lit can cause an individual to slip and fall. Insufficient lighting is a major problem for business owners and can result in an unwanted lawsuit. Having enough light so that an individual can walk up stairs or down a sidewalk clearly seeing each step is important to ensure at any business. If you struggle with seeing your next step, then purchase more lighting.

Slip and fall injuries happen all the time to unwilling individuals who find themselves at the neglect of another party. Taking precautionary measures at your home or business can help to ensure that you are not slapped with a lawsuit if someone takes a tumble … READ MORE

Leading Picks North Carolina Personal Injury Attorneys

Attorney At LawDivorce When an amicable solution is not achievable, I can vigorously represent my clients’ interests in the courtroom.a galley of variety and scrambled it to make a sort specimen book. Not completely understood in this is the application of the Uniform Youngster Custody Jurisdiction And Enforcement Act (UCCJEA). It gives the filing spouse a period of presumptive control of loved ones assets and custody of any minor youngsters. DO NOT Spend ANY Kind OF Help FOR THE Child Till A DNA TEST IS Done, AS IT ACKNOWLEDGES YOUR Monetary Duty FOR THE Child. Consider about it: Lawyers would not stay in company if their solutions have been not deemed crucial. An outstanding lens which will so many men and women who are hunting to get their own organization up and operating.

Also, discuss with your attorney no matter whether you should sue the other side’s professional for professional malpractice. Additional, an lawyer who is shouldering your emotions is not working properly on your case they are only billing you like they are working on it. Don’t forget, they are skilled convincers. Any of these petitions will support legislation to type stronger regulations and laws to punish these that use False Allegations to achieve complete and sometime sole custody of kids. Thank you for writing and giving guidelines on starting enterprise even with low budget.

If the kid is still in major or secondary college when he or she reaches the age of 18, support payments will continue till that child graduates, ceases to attend college on a regular basis, fails to make satisfactory academic progress towards graduation or reaches the age of 20 – whichever of these comes first. I am going to outline the step that my son, attorney and I are going to do to fix this shameful miscarriage of justice. Having researched these instances for a novel, I can tell you the ONLY Good outcomes I found was where the accused was 1) Innocent 2) Had a great lawyer.

In our case, my stepdaughter lived with her mother, but we were awarded custody because of how extensively she was emotionally abused when she did not reject her dad. Any parent coming to loved ones court wanting sole custody should be suspect of parent alienation ( The act of alienating or the situation of being alienated estrangement:). I’ve wonderful father’s that actually cared, get denied custody since the mother’s lied to the judge.

If you would like to be contacted regarding petitions for changing the law to safeguard father’s and children’s right to equal time, send me your e mail address by means of the make contact with me message right here on my Squidoo web page. Thanks a lot for sharing this informative report on distinct ways of starting a profitable organization and making funds on the internet and offline.… READ MORE

America’s First Recognized Child Abuse Case

Case LawThe NCVBA supplies technical assistance to attorneys representing crime victims in civil actions, refers crime victims to lawyers in their nearby area, and performs to increase general awareness about the availability of civil treatments for victims of crime. Title 17 Section 106(5) of US copyright law stipulates certain exemptions to copyright : specific circumstances when an individual else’s perform may possibly be employed with no permission. The law made widespread to the complete of England by the King in 1154 instead of law only by regional application. The very best way to understand copyright is not to ask somebody to inform you regardless of whether this or that specific case is permitted. Courts may consider the writings of eminent legal scholars in treatises, restatements of the law, and law testimonials. In Sweden , for instance, case law arguably plays a a lot more crucial function than in some of the Continental civil law systems.

This occurs to justify a court decision on the basis of preceding case law as properly as to make it less complicated to use the decision as a precedent for future situations. Officers use their discretion to defend themselves from rapidly unfolding street circumstances not particularly guided by sterile case law. The Information and Library Analysis Solutions Team contributes to the understanding of employment law by publishing articles on topical law problems all through the year. Like statute law, case law provides authority in support of specific legal propositions. The typical law as an expression has 4 possible meanings which rely upon the distinct context.

The Law Commission’s work was undermined in January 2014 when the Government announced a ten-day consultation on these three measures of PHV deregulation. Every single law student and practicing lawyer need to be able to uncover, read, analyze, and interpret case law. The state case law covers all fifty states, with practically half of the states dating back to the 1800s.

Common law courts usually clarify in detail the legal rationale behind their decisions, with citations of each legislation and prior relevant judgments, and frequently an exegesis of the wider legal principles. Those made in superior courts kind precedents and inferior courts should stick to these precedents, so the reported decisions of judges in cases kind an critical component of the law.

Lord Denning , 1st of the Higher Court of Justice , later of the Court of Appeal , supplied a well-known example of this evolutionary method in his development of the concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v. High Trees Property Ltd 1947 K.B. 130. With unrivaled experience in workplace discrimination , employment law and executive counseling , our attorneys are effectively equipped to represent our consumers in all legal matters related to employer and employee relationships.… READ MORE

Sources And Origins Of Business Law

Common LawYou can reside with a person for many years and have numerous youngsters, but nonetheless not have a common law marriage. Personally, the way factors are today, I would not recommend any lady get serious about marriage till she’s at least 28-30. A couple that qualifies as getting a commonlaw marriage is entitled to the identical rights as a couple married by the clergy or a justice of the peace. Entering into a bigamous marriage due to the fact a common law marriage was not terminated by divorce creates a legal morass, where much litigation will be essential to sort out everyone’s rights and responsibilities.

You wrote an superb Hub but I want you had integrated that couples married under common law will not be in a position to have Social Security rewards like folks with civil or religious marriages basically due to the fact they do not have a marriage certificate. I don’t know anybody with an open marriage but have close friends who have been hurt deeply by marital infidelity. I thought common law was still honored in Missouri, for instance, but learned it is not.

My husband and I are celebrating our 15th anniversary later this month but we are childless by decision, so I am positive some would say we have a nontraditional marriage. I never feel conventional marriage is becoming obsolete, even though I agree much less folks marry, and other possibilities are gaining recognition. I am not positive any far more on what type of marriage actually operates in this modern day.

One factor my age tends to make me wonder about the census stats is the quantity of senior citizens who are single, really a handful of of them living collectively without having benefit of marriage simply because of the effect a legal union-and resultant taxes-would have on their financial status. I expect there are other factors why men and women chose open marriage or no marriage, but I consider the motives you mentioned are major among them. I reside in Oklahoma which is Indian Territory and largely why we recognize common law marriage. A common law marriage will not be found exactly where it was kept secret from the community.

Whilst you and I could be old fashioned a lot of people today aren’t, which is why the recent U.S. Census shows that only 1/5 of today’s marriages are classic marriages and marriage makes up only 48% of relationships to begin with! They were only acquaintenances, not pals, for I’ve never ever believed that two men and women ought to ridicule the vows of marriage in that manner.… READ MORE