Contracts Of Employment

Closer attention must be paid by all who sign contracts of employment as they can severely circumscribe your rights.

Where you do not receive a letter of appointment, only a letter of appointment or a simple contract of employment, this may be better for the employee. One reason is that where they do not deal with notice this leaves it open to the courts to imply a term of reasonable notice which may be as much as 12 months depending upon length of service.

Where you have been working for a company for a number of years and at the date of inception of your employment your circumstances were as above and subsequently you are provided with a comprehensive contract of employment to sign, do not, as it may extinguish your common law reasonable notice rights and introduce some very restrictive post employment restraints. In all such cases obtain informed legal advice before proceeding.

It appears that the court will consider the cascading clauseser to be valid when the clauses are clear and unambiguous which does not require the intervention of the court in interpreting the cascading clausesre. In addition, the court will also consider the period in which the restraint of trade is to operate. The court held that a 12 month period was reasonable for the protection of the business. The question of reasonableness is to be decided upon the facts of each particular case.

One would need to consider the issue in relation to cascading clauses prior to them being inserted into the contract of employment. A recent trend in the employment circle has been the introduction of a clause known as a cascading clause. A cascading clause is defined as a clause that provides a number of options in regards to time and areas of coverage of the restraint of trade clause.

Recent court decision has considered the validity of cascading clauses in an employment contract and in a recent decision the court considered the issue whether the cascading clauses can be severed from the rest of the cascading clauses. The court will consider each clause separately and whether the clauses are inconsistent with each other. In the above case the court decided that the clauses could be read separately and therefore valid. Other cases have concluded that the cascading clauses are invalid as the employee is unaware of the nature of the restraint and this would causes difficulty in the assessment of the validity of such a clause.

If you are interested to know something more on Employment Contracts and other details,you are welcome to the Employee Contracts site.

Tips To Get Lawsuit Funding On Your Wrongful Termination Litigation

No-Risk Lawsuit Loan on Your Wrongful Termination Lawsuit

Wrongful termination lawsuit funding is a non-recourse cash advance provided to a plaintiff involved in a wrongful termination or wrongful discharge litigation even before his/her lawsuit is settled or resolved.

Most of the plaintiffs involved in wrongful termination or wrongful discharge litigation are not aware that they can use their potential lawsuit settlement as collateral to get a non-recourse pre-settlement cash advance before their lawsuit is settled.

What is Wrongful Termination?

Wrongful termination happens when an employee is discharged from employment for illegal reasons or if company policy is violated when the employee is fired.

Experts estimate that at least 250,000 workers are illegally or unjustly fired (wrongful termination) each year and these figures do not include those that were justifiably terminated.

Who is Eligible for Wrongful Termination Lawsuit Loan - Lawsuit Funding?

If you were an employee and you were unfairly fired or laid off and have filed a lawsuit with the help of an attorney than you may be eligible for a lawsuit loan or lawsuit funding on your pending lawsuit settlement.

How Wrongful Termination Lawsuit Funding is Different from Regular Types of Loans:

Wrongful termination litigation funding provided is a contingent transaction in which cash is advanced based solely on the merits of pending litigation. In layman language these are called lawsuit loans, but in true sense, these are not loans because the money does not have to be paid back unless the case is won or settled.

Lawsuit funding is considered a secured non-recourse debt due to the fact that if the litigation reaches a final verdict in favor of the defendant the lawsuit loan is forgiven. The plaintiff is absolved from payment of lawsuit loan debt. This is non-recourse settlement loan, which you pay back only if you win or settle the case.

Other Terms Used for Wrongful termination:

Wrongful termination is the most common term used. But an unfair employment discharge is also referred to as:

- Illegal discharge
- Illegal dismissal
- Illegal termination
- Unfair dismissal
- Wrongful discharge
- Wrongful dismissal
- Wrongful firing

Wrongful discharge law suits are mostly high value and complex cases and very few lawsuit funding companies provide lawsuit settlement loan on these types of cases.

Process to Get Lawsuit Funding on Your Pending Wrongful Termination Litigation:

It involves four easy and stress free steps:

Step 1: You complete the simple and easy application on line or on phone.

Step 2: A representative from lawsuit funding company will contact your attorney, the same day (preferably within one business hour) and will request for the required documentation to evaluate your request for lawsuit loan.

Step 3: Once the case papers are received, the underwriters will process the information. The decision to approve a lawsuit loan is based solely on the merits of pending lawsuit. If required the underwriting attorney will discuss the case with your attorney.

Step 4: If approved, you are informed immediately and your funding agreement is faxed/ emailed. Once the signed copies of lawsuit funding agreement from you and attorney are received, the check is sent the same day for next day delivery or funds are wired into your bank account.

Total process to obtain wrongful discharge lawsuit funding is fast and free. There are absolutely no up-front charges. Unlike a conventional loan, however, the credit and employment histories of plaintiff applicant are not a factor.

And unlike a conventional loan, there are no monthly payments. The lawsuit cash advance is paid back, plus accumulated fess, from the proceeds of the final recovery once the wrongful termination or wrongful discharge lawsuit is resolved.

Being fired from your job is difficult, especially if you have been fired in an illegal manner. A wrongful termination lawsuit process can have a serious impact on life of plaintiff, and his/her family, health, and finances.

How Lawsuit Funding Helps the Plaintiffs:

By offering appropriate lawsuit settlement loan, a lawsuit funding company enables the plaintiffs to get relief from financial problems and to resist financial pressure to take the first low ball offer made by defendants attorneys.

A lawsuit loan (lawsuit funding) on their pending lawsuit settlement allows plaintiffs and their attorney the time needed to get the maximum possible value for their case.

Paul Sherman, The Lawsuit Money Man, is a Legal Funding Consultant at Easy Lawsuit Funding. Visit our website easylawsuitfunding.com to get additional useful knowledge and information about lawsuit loan and make an educated decision to apply for your wrongful termination lawsuit funding or lawsuit loan today!

Top Employment Offer Forms List

Employment offer forms are required by the hiring company when having interview and thereafter the hire process begins, so that the candidate will be prepared and ready to start a new career. As a would-be-worker, you may want to ensure that there is glitch and missing documents that would stall the hiring process. There are employment forms such as job applications, W-2 forms, an I-9 form, and a W-4 form.

Usually employer provides these forms when the hiring process starts, but it is always good idea to get the copy at hands so you could begin your work immediately once you get a job offer from the company.

Job Application Forms

Most hiring company will require candidates to fill out a job application even for the top level position. This way they could keep the record of candidate's experience and education history. As an applicant, you would need to provide detailed information and dates of past employment and education, including credentials and certifications if any. As a proof of your education degree, you might be required to provide college transcripts during this hiring process.

W2 Forms

Every employer is required to complete a Form W-2 for their employees so that the record of salary, wage or other compensation is stated as part of the employment relationship. In case the employee works in multiple stats, employers will print out multiple copies of W-2 forms to report that the pay are divided to each state.

W-4 Form

This form is used to withhold the correct amount of federal income tax from your paycheck. It will be completed by you as an employee, and you need to let your employer know how much tax would need to be withheld.

Once you are hired, you are required to complete this form to prove that you are legally entitled to work in the United States. This is called an Employment Eligibility Verification form, and it must be completed and kept secured on file by the employer. You are required to make original document verifying that you are eligible to work.

Many times, a job offer may be made orally, either in person or over the phone, or in writing. Usually it is done over the phone, so the hiring employer doesn't lose the chance of getting quality worker by some other employers while officially written offer is still in the mail.

Regardless of the job offer form, employer won't make any promise or statements that can be construed as promises that the candidate cannot intend to keep because those statements can lead to expensive litigation when the employer decides to terminate the employee, among which disability discrimination in employment is included.

Visit Legal Document Download site and you can get free PDF Legal Forms, Documents and Papers for free, including valuable legal information such as Employment Offer Forms and legal business related issues.

Constructive Dismissal

Constructive dismissal is when an employee is forced to resign from their job because the way the employer treats them is so bad or unreasonable that continuing in the job becomes unbearable, forcing the employee to leave. Although there's no actual dismissal by the employer, the end result is the same as if the employee had been sacked. It is sometimes also called constructive discharge.

An employee can lodge a legal claim against an employer if he or she feels they have been forced to resign. It's often difficult to prove that the employer's behaviour forced the resignation so having witnesses or other tangible evidence to back up the claim is necessary. It is important to get specialist legal advice before actually quitting the job so that the best way to proceed can be advised. This is because the employee must prove that the employer was acting unlawfully. In effect the employer's actions must be proved to be a breach of contract.

If the employer has seriously breached the contract of employment, an Employment Tribunal may find that constructive dismissal has taken place. The Tribunal will examine whether there is clear evidence of a serious breach. A serious breach could involve an employer's behaviour 'making life hell', leaving the employee feeling that there is no choice but to leave. Another example could be that the employer forces a major, unwanted change in the employee's work situation without prior agreement or consultation. The breach may involve one major incident or a series of incidents that bring about an unbearable situation for the employee.

Examples of breaches of an employment contract include:
• cutting significant benefits or pay without consultation or good reason,
• creating new impossible targets,
• demotion without reason,
• making duties impossible to perform,
• unreasonable changes such as a new location, longer working hours, or greater responsibilities,
• failing to take action against serious bullying, and
• physically dangerous working conditions.

An employee should try to resolve any problem with his or her employer or, if a resolution cannot be reached, lodge a formal grievance. The employee must make it clear that the new circumstances are unwanted. The employer will have a credible response if it can be shown that an employee's complaints were taken seriously and that the employer had no choice but to behave as he did. In such a situation, the employer could reasonably believe that if the employee takes no further action he or she has accepted the new situation. So, for example, failing to resign within a reasonable period after the breach may be considered an acceptance or waiver of it - this is called 'waiving the breach.'

Because of the complexities in cases of constructive dismissal, employees are strongly advised to seek legal advice before resigning and seeking to claim.

Constructive dismissal comes under general heading of unfair dismissal

Sharma Solicitors is a specialist Employment Law firm which deals with issues of discrimination, employment contracts and constructive dismissal. For further information and a free confidential initial consultation please call on 0845 430 0145

Human Resources Tips and Tricks for Employees

I recently returned from The SHRM® 2010 Annual Conference and Exposition, held in beautiful San Diego, California. I thought you might like some insight into what those dastardly Human Resource folks are cooking up. I attended the Conference in my "day job" capacity as a Human Resources professional, and as your Undercover HR Director.

But first - a question: What do you call one hundred HR professionals on the bottom of San Diego Bay? A good start! No, wait - that's lawyers. Lawyers on the bottom of San Diego Bay! (Apologies to Curt)

A little background: SHRM® stands for Society for Human Resource Management, and it's the world's largest association of HR professionals, with over 250,000 members in more than 140 countries. There were over 11,000 attendees at this year's 3-day conference attending training sessions on everything from "Diversifying the Leadership Bench: Maximizing the Potential of All Employees" to "Bullying and Workplace Violence" to my personal favorite, "RETALIATION - Coming Soon to an Employer Near You!!".

I have to say that of the 200+ training sessions available, not one was titled "Betraying your Employees: The Art and Science of Deception in HR" or "Effectively Padding the Personnel File Without Getting Caught" or even "Making Employees Miserable 101". You may not believe me, but 95% of the sessions were positive! They had titles like "People Are Your Business!", "Valuing Experience: Strategies for Employing the Older Worker", and "Creating a Culture of Engagement".

I've seen it time and time again: HR pros attend training and come home with a wealth of positive recommendations for making their organizations more "people-centered". Then they're hit with the reality of their top brass pushing back, saying that - although People Are Our Greatest Asset - we're not really willing to invest the time and money in ensuring that our people are protected from bullying, retaliation and other adverse employment actions. The organization weighs the cost of defending against a lawsuit or governmental agency investigation and decides it's cheaper to fight than to do the right thing in the first place.

Many times it simply begins with a poorly-trained supervisor doing the wrong thing with a protected-class employee. Then the supervisor misrepresents the facts to HR, which accepts the supervisor's version without an in-depth investigation and goes along with the supervisor's recommendation to terminate or discipline. This is further compounded when it's learned that the supervisor lied or was mistaken and upper management defends the supervisor and upholds the discipline, rather than doing the right thing and reversing the bad discipline. And that's how discrimination claims and lawsuits are born. Very few cases begin with the HR professional and the supervisor deciding together to deliberately discriminate against an employee.

Most folks go into HR with the best intentions - to help others. I didn't speak to a single HR pro at the conference who said his or her goal was to screw employees over - even in jest. But they all admitted they had a difficult time balancing the pressures from their top management with the needs and rights of employees. Trading off a larger paycheck to move up the food chain isn't an excuse to ignore employees' needs and violate their legal rights. A true HR professional is not only technically competent in the field, but finds ways to stand up for employees' rights. A true HR professional doesn't sell out his or her principles even when ordered by management to discriminate or retaliate against an employee. I've been the victim of retaliation by my boss and her boss for whistleblowing activities - and that's why I'm your Undercover HR Director.

Stay tuned - in my next article, I'll fill you in on the latest topics putting Human Resources managers' knickers in a twist. I'll tell you what advice HR managers have been given to investigate questionable FMLA claims - including surveillance - and why your employer not consistently following its own policies benefits you.

Preparing for an Employment Tribunal Hearing

Once you have submitted your claim form - the ET1 - your ex-employer (the respondent), has 28 days to submit their response to your claim. Your claim form will be sent to the respondents and you as the claimant, will receive a copy of the form returned by the respondent. There will then be an extended period of time during which you will need to prepare your case gather all the documents that you require, seek any documents from the other side, and exchange those documents.

It is important that you prepare all the documents on which you wish to rely before the hearing commences. The papers that are used in the tribunal hearing itself are referred to as "the bundle", and preparing this bundle, numbering the pages and sorting out a chronology can be extremely time-consuming and relatively stressful.

You should agree with the other side who will physically prepare the bundle and agree what goes in to it. It is not a good idea when attending a hearing, to turn up with a bundle that is not agreed and/or to try to introduce new papers at that late stage; no matter how important they may be to your case. At best it will cause delay to the start - which may transmit to costs being awarded against you later - or you may not be able to use the document at all which could seriously damage your prospects of success.

It may be that there will be a preliminary stage before the full hearing takes place called a pre-hearing review (PHR), and this is normally heard by a judge sitting alone. The purpose of the PHR is to decide whether or not the claim that you have submitted, or the response completed by the respondent should be thrown out. It can deal with questions such as whether or not you are entitled to bring the claim at all and it can decide, if either side's case is weak, whether any deposit should be paid into the court and if so how much that should be. It is important to attend this stage if one is arranged as it can prove critical to the way you will able to conduct your case.

A Case Management Discussion (CMD) is normally held to clarify the issues, decide what orders should be made such as disclosure of documents, attendance of witnesses etc, and the date time and approximate length of the full hearing. CMD's will always be held by a judge sitting alone and can be dealt with by a review of the papers. However, if you are involved as a party to the proceedings you or your representative should attend if invited.

Getting your head round the process, particularly if you are unrepresented, can be difficult; you have to decide what papers you need, if you want to call any witnesses, write your statement and think about how you are going to cross-examine the witnesses called by the other side.

The case will be listed for the requisite number of days, and dates will be notified to both parties. It is important to notify the employment tribunal, as early as possible, if you are unavailable on certain dates, to avoid having to ask for a postponement. There will normally be orders from the tribunal about the disclosure of documents the preparation and exchange of witness statements and the times by which they should be completed. As a minimum you will need to bring a total of six prepared bundles; one for each side, one for the witness table and three for the tribunal members.

The hearing itself is set up to decide whether the claim will succeed or fail and if it succeeds what remedy or compensation should be paid. The full hearing will usually be heard by a judge sitting with two lay members one from each side of industry. This means that they will generally be one employer and one employee appointed person however this does not mean that they will side with one or the other; they are all neutral and they are all appointed based on their industrial experience and understanding of how workplaces operate.

To read the complete article and to access many others on the subject of UK employment law along with further information on how Tacticks can help your organisation to stay on the right side of the law Click Here to be taken to our website.

Steve Ferns is the owner of Tacticks and has held senior management and board level posts in both UK listed companies and local government over the past 20 years specialising in turnaround situations. He has extensive experience in people management and advises companies and individuals on UK employment law, best employment practice and HR. He has been ` lay member of the Employment Tribunals for over 17 years and is on the County Court panel of lay assessors in discrimination cases specialising in sexual orientation discrimination. He currently serves on the management board of two charities as well as carrying out consultancy work. His website address is; www.tacticks.co.uk

Top Tips For Employment Law Policies

Without basic formal employment law policies there is a much higher risk of unwanted disputes and legal issues. Data Protection is an important thing to be covered in employment policy, it should adhere to the regulations set out in the Data Protection Act (1998) which discusses the way an individual's information should be used and held. This policy should cover processing data, collection of data, transferring data and retaining data.

Equal opportunities policy is meant to be used by employers to ensure the company follows equality responsibilities set out by anti-discrimination legislation. It should include a statement about the aim and objective of the policy as a whole, who the policy applies to, the specific actions that will be taken to prevent discrimination and promote equal opportunities, how these will be implemented and who is responsible for this, how it will be monitored and reviewed and how complaints will be handled.

Complementary to this is the Age Discrimination Policy; this covers the obligations of employers under the Employment Equality (Age) regulations (in place since 1st October 2006) which regard age equality and retirement. In terms of retirement it covers banning unjustified retirement under 65, the employee's right request to work beyond retirement age as well as the employer's duty to then consider the request and that the employer has to give at least 6 months notice of the retirement data to the employee.

Other key policies to have in place are maternity, paternity and adoption leave. Maternity leave policies should include ante-natal appointments, that the employee has to inform the company of the pregnancy, protection during the leave, statutory maternity pay and that the employee will return to work after the leave. Paternity and adoption leave should both cover eligibility for leave, the length of leave and the statutory pay.

A further policy to consider is a sickness and absence policy which should cover the procedure for notification and certification of absence and medical examinations. It can also overlap with health and safety policy covering risk assessments, injury at work and manual handling.

Another key policy is the drug and alcohol policy which should clearly cover employee's use of illegal drugs, testing for alcohol or drug use, employee's refusal for testing, confidentiality, disciplinary action and monitoring and reviews.

There are many important employment law policies to consider and it is vital to make sure they are clear and fully outline all the details in order to avoid legal complications.

Bio: Gordon Dean is the founder and partner of Gordon Dean Solicitors in Great Yarmouth and Norwich. Gordon Dean Solicitors provide legal advice and services throughout the Norfolk area. They specialise in employment, personal injury and wills & probate law. Contact them today for a free consultation.

Solicitors Norwich

Know Your Basic Employment Rights

Today, in employment law, there is a lot of legislation in place to protect employee rights. It is quite unbelievable that in the past there were no where near as many protections available to employees and they were frequently mistreated without the employers being held liable. But fortunately in today's society there are many different angles at which employees can take their employer to tribunal if they are treated unfairly. The pieces of law in place are there to ensure that every employer is treated equally, fairly and lawfully and if not, that there are grounds available to take the employer to tribunal. The main statutory protections in place to protect employees are the following:

    * Health and Safety Acts
    * The Equal Pay Act 1970
    * The Race Relations Act 1976
    * Employment Rights Act 1996
    * The Sex Discrimination Act 1975
    * Protection From Harassment Act 1997
    * Employment Equality Regulations 2003

The aforementioned statutory rights are in place to protect employees across all areas of daily duties at work. I now move on to look at more detailed areas in which problems can arise and the rights that employees have in each section.

Minimum wage employment rights

Employees have the right to be paid the national minimum wage, any attempts by an employer to pay less than this can be claimed upon by an employee. The current national minimum wage is £5.93 per hour.

Working time regulation employment rights

Employees have various rights regarding their working time. They have the right too work no more than a maximum 48 hour week. They have the right to compulsory rest breaks and the right to paid annual leave.

Maternity employment rights

Employees have four main rights under the area of maternity. They have the right not to be fired due to becoming pregnant or requiring time off for a pregnancy. They have the right to return to work after maternity leave, the right to maternity pay and the right to take time off for ante-natal care. If any of these rights are infringed by an employer then the individual is in their right to act against the employer.

Discrimination employment rights

Employees have the right not to be discriminated against. Discrimination based on gender, race, age, disability, religion, nationality or sexual orientation is strictly forbidden. Discrimination can occur in many forms from different working environments, different pay and different treatment. Any sort of discrimination should be reported and claimed against.

Health and safety employment rights

Employees also have many rights regarding health and safety. This includes being provided all relevant health and safety information, training and protective items dependent on the work to be carried out. The levels of health and s`fety required will vary between jobs. A far more substantial amount of health and safety advice is required on a building site compared to an office space.

Right to an employment tribunal if any of the rights above are infringed upon.

If any employee feels that their employment rights have been breached in any way mentioned above or in any other way they feel they shouldn't have been then they have the right to take their employer to an employment tribunal to attempt to claim and receive any compensation rightly owed to them.

Employees shouldn't be subject to situations where their rights are infringed but unfortunately this isn't the way of life. Far too often employers try to cut corners and try to avoid doing all the necessary requirements when it comes to their employees. It is important for employees to know their right s and be able to hold their employer liable where they have failed to uphold the basic employee rights.

I am a legal writer who specialises in employment law, if you would like more information about employment rights and would like to find a solicitor, I suggest you have a look at lawontheweb.co.uk.

Legal Aid and Employment Law

Employers and employees of all businesses should know what legal aid is available for them. A legal aid solicitors will be able to give the best advice about various employment law issues where it is possible to make a claim, whether it will be successful or not, and general guidance and information on areas of employment law that some may find confusing. Employees will be given different legal aid to that of employers.

Legal aid for employers

As you do not need any grasp of employment law to start up a business, the majority of employers do not understanding how employment law works. The reason for this is that employers are expected to pick it up employment law as they go along. However, the major problem with this method is that all employers can be held liable, under employment law, by their employees. A solicitor will be able to help inform employers about how employment law works and explain where they could be held liable by their employees or where their employees would be liable.

Legal aid for employees

Legal aid is also very useful for the employees if some kind of dispute arises. It is common that most employees are unaware of the various areas of their duties where they could have the right to claim against their employer. Most employee rights can be found in their employment contracts, but there are several other areas of legislation that state how employers cannot treat their employees. Legal aid will tends to be required when an employee needs to understand their rights in order to take legal action against their employer. It can also assist employees in disputes against their employees for the following reasons:

· Redundancy

· Working hours

· Discrimination

· Data protection

· Minimum wage

· Unfair dismissal

· Maternity issues

· Disciplinary procedures

The list is almost endless and very few employees will know their rights for each area and how to tackle the problem if their rights are breached. Solicitors are extremely useful to ensuring that an employee's case will be successful.

Employment contracts

Employment contracts between an employer and employees should contain all terms and conditions which state the rights, duties and responsibilities of both the employer and employee. A detailed and well written contract will help to ensure that if any legal disputes arise, the dispute can be sorted out properly. A legal aid solicitor will be required to create, change and deal with a dispute of employment contracts. Without legal aid helping with employment contracts, it would become a much more difficult process.

I am a legal writer who specialises in legal aid, if you would like more information about employment law and would like to find a solicitor, I suggest you have a look at lawontheweb.co.uk.

Employment And Disability Claims

A disability claim refers to the request you can make for income assistance filed with the Social Security Administration. This is usually filed when a person believes that a case of physical or mental disability leads to his or her inability to find a job or live a normal life. This is also referred to as employment & disability claims in various quarters.

It's possible to file a disability claim depending on your financial and medical history. There are normally 5 stages involved in the filing process. It begins with the initial reconsideration stage and then proceeds to the hearing and later on to appeals council hearing and the federal district court appeal. The initial reconsideration involves the filing out of an SSI or SSDI application for the claim. However, this application can be approved or denied by the Social Security claims representative within a space of 3 to 5 months.

Now, if it happens that your disability claim is denied, you still have up to 60 days to file for reconsideration. You don't need to take the denial personal since almost over 60% of disability claims are usually denied. You can always do something about the denied claim.

A number of reasons can lead to the denial. It may be because that the claim is not legitimate or because you filled wrong details in the application form. You can file for reconsideration in order to correct the errors if you discover that's the reason for the denial. While re-filing the claim, you need to present better information in the details you give. You can add additional documents and medical records to support the claim.

Normally, your request for reconsideration can take up to 2 weeks to 6 months before it can be approved. It all depends on how many pending cases, the Social Security Administration is handling as at the time you filed the claim again. It also depends on the quality of the new details you're presenting. You have to make sure you find out the actual reason why the claim was denied. You can make proper inquiries from experts in the field. You have up to 60 days to file for the claim again; otherwise the case will be thrown out.

Meanwhile, if your request for reconsideration is also denied, you can then proceed to the next appeal. When you do this, your case will be brought before an appeal judge. You'll stand in front of the judge while your case is argued verbally. In order to succeed in this, you need to engage the services of a disability lawyer to help you out. If for any reason your disability claim is denied at this level, you can take it to the Social Security Administration Appeals Council. If it's denied again, you have to proceed to the Federal District Court. You may win the case at this stage. However, if the claim is denied at this final stage, you have to forget about it. The most important thing is for you never to lose hope. You have to fight for the disability claim to the last point. In order to win the case, always make sure you have enough evidence to support your claim.

Toronto Lawyers Lecker & Associates can help you get your disability benefit claim or disability insurance case.

Workers Comp Lawyers

Workers comp cases are trickier than most others. Every commercial and industrial business that has more than three employees must have workers compensation insurance. That system is covered by the Industrial Commission. That is a state agency that makes sure everyone is playing by the rules. That means you may be entitled to your benefits from your workers compensation if you are injured on the job. It must be proven before you get to actually have the benefits. There is a process you must go through.

When injured on the job, you must tell your boss by giving him a written notice. The notice should be written within 30 days, but you have two years to actually file it. After the two years is over, so is your ability to file the claim.

Generally, when an employee is injured on the job, workers compensation is the only way to fix it. That is because in rare occasions injured employees are not entitled to any other avenues of compensation. It is easy to get workers comp because whether it is the employers fault or employees fault lawyers will most times get the employee compensated. It really doesn't matter who it is that is at fault. A worker being hurt on the job is serious whether it's negligence from the employee or employer. Employers used to even be covered by contributory negligence which blocks liability. When the worker wins, he receives paid medical bills from the insurance company which also includes prescriptions. The insurance company can contact the medical providers you are already seeing although you may put in a request for change.

The worker will receive disability benefits from the insurance company. Disability payments are two thirds of the employees gross weekly wage. Workers comp payments are also non taxable. If it is more than a seven day period then the insurance company will start paying per day every day until the employee is back to work as long as they have a written note from their doctor saying they can't work. The worker will not get the payment of the first seven days until 21 days have passed without going back to work. Permanent partial disability will kick in if a worker is permanently disabled. Only then is the worker entitled to lifetime benefits including medical expenses and disability payments. Workers compensation although will get you a fraction of your pay, does not work the same as other injury claims. You will not receive pain and suffering.

Basic Tenets of Construction Law

If you have planned to build a home, for yourself or as an investment property, you are likely more concerned about finding a reputable contractor and crew than worrying about whether or not you need a lawyer. In truth, there are concerns in construction that may require the guidance of a lawyer who concentrates in this practice. As implied, construction law deals with matters relevant to the construction of homes and commercial properties. It's good to know the basics if ever a project of yours comes under scrutiny.

Here follows some of the things a construction lawyer does.

    * Contracts - A lawyer with a concentration in construction law can help with the negotiation of a contract for the land on which the home or building in placed. If you have concerns about the ownership of the land under your building, you may need such legal assistance.

    * Builders' liens - When a contractor, subcontractor, or workers on a particular project claims a lien, he/she is basically claiming payment for a job - typically a renovation. The person or entity that holds the title to the property is then responsible for paying the claim. If there are disputes involving a builders' lien, you may wish to contact a construction lawyer for assistance.

    * On-site personal injury - While one can find a number of lawyers who concentrate in personal injury practice, construction lawyers do provide assistance in cases where injury happens on a construction site or during a building repair or renovation. Because these situations may differ from other situations like car accidents, you may wish to retain the services of a lawyer with experience in construction law.

    * Insurance claims - Construction lawyers also provide counsel in some insurance cases. If your property is damaged following a fire or storm or theft, and there are issues with the insurance claim, an attorney with a concentration in construction law may be able to help you.

Do you need a somebody with experience in construction law to assist you as you build up your residential or commercial property? You may not need somebody onsite every day, but it is a good idea to have a name and number handy in the event you foresee any type of legal dispute that concerns your building. Whether you have a disagreement over land ownership or with the contractor in charge of your product, having good representation can make the process happen more quickly.

Kathryn Lively is a freelance writer specializing in articles on Camden law firms and Moyock law firms.

Common Workplace Injuries

Many individuals spend more than one-third of their adult lives on the job. For this reason, injuries are bound to happen at the workplace. Fortunately, most employees are covered under their employer's workers' compensation insurance in the event that they are injured during the course of their work.

The workers' compensation system is a no-fault system, meaning that the employee is covered regardless of who is at fault. The workplace can be a very dangerous environment, especially in certain hazardous occupations. Because certain occupations are more hazardous than others, there are common injuries that arise that are associated with their corresponding jobs.

Some of the most common events that result in a workplace injury for both men and women combined include: falling from a lower level, being struck by an object, falling and overexertion. Because men are more likely to be involved in the more hazardous occupations, they are more susceptible to the above situations whereas women are more likely to suffer from a repetitive motion injury, an assault by a violent individual, overexertion and falling.

One of the most common worksite injuries involves an injury to the back. Nearly one-third of all workplace injuries result in musculoskeletal disorders which are often the result of lifting. The U.S. Department of Labor defines MSD as an injury or disorder of the muscles, nerves, tendons, joints, cartilage or spinal discs. These types of injuries result in longer absences than any other type of on-the-job injuries. Back injuries can result in substantial pain and they can make every day, simple movements excruciatingly painful. Anybody can suffer from a lifting injury; however, people in the nursing, manufacturing, transportation and shipping industries are at a higher risk for these types of injuries.

Often times back injuries can be treated with conservative methods such as medication and physical therapy; however, surgery is sometimes required when these types of treatments are unsuccessful. Other common worksite injuries include: tendonitis, stress fractures, carpal tunnel syndrome, traumatic brain injury (from falls, being struck by an object or auto accidents), toxic mold, shoulder and knee injuries and many more.

If you are injured on the job, make sure that you get help immediately. If the injury appears very serious, insist on an ambulance and immediate medical care. Inform the medical provider that your injury was sustained at work - they will need this information for billing.

Be sure to identify any witnesses to the accident. Get their names, addresses and phone numbers. Report the accident as soon as possible to your supervisor or manager in writing and keep a copy for your records.

Obtain all the information on your employer's workers' compensation insurer. Then contact an experienced workers' compensation attorney right away. Your lawyer should be well versed in Missouri workers' compensation laws. They will be able to protect your legal rights throughout the entire process and make sure that you receive the level of benefits that are owed to you. If you were injured at work, contact a workers' compensation attorney without delay!

The Floyd Law Firm, P.C. has been fighting for workers rights in St. Louis, Missouri since 1959. Their St. Louis workers' compensation attorneys have successfully assisted families who were afflicted with worksite injuries for more than half a decade. Their successful track record has earned them the highest level of respect in the legal community. If you are looking for outstanding representation, they are the ones to provide you with the highest standard of care and representation when handling your workers' compensation claim. Let them take the hassle and worry out of the claims process for you; contact a St. Louis comp attorney from the firm by calling (888) 883-7906.

Different Paralegal Degrees

Obtaining a paralegal degree has a lot of great rewards. Paralegals, otherwise known as legal assistants, are the lawyer's best friend. Paralegals assist lawyers in the many tasks that they do such as providing legal advice and determining the fees for legal services. The lawyer works closely with the paralegal because the paralegal helps the lawyer prepare for trials, meetings, hearings, and other legal meetings. The paralegal assists the lawyer in obtaining the necessary information and evaluating them soundly. The rigorously technical tasks of the paralegal require extensive knowledge of legal know-how. That's why this type of degree is really important for those that want to embark on a career as a paralegal.

An aspiring paralegal should know that there are different paralegal degree programs available out there. Whatever you choose depends on certain things like work experience, interests, highest level of education, and the kind of training that you want. The most common type of these degrees is the Associates degree in paralegal studies. This type of degree can be completed in 2 years, given that the student devotes full-time to the program. The Associate degree is available mostly in business or vocational schools as well as community colleges. Associate degrees require students to study legal content and general education. Associate degrees touch up on the liberal arts to ensure that the student emerges from the degree as a well-rounded paralegal. This is the most popular type of degree because most employers consider this the suitable type of educational background, even for fresh high school graduates.

However, there are some who want to pursue a 4-year paralegal degree. A 4-year bachelor's degree is not commonly available but there is quite a handful of paralegals that have completed a Bachelor's degree before becoming a paralegal. Even if employers are happy with an Associate degree, an employee with a 4-year paralegal degree will definitely catch the attention of prospective employers. A 4-year paralegal degree includes a paralegal training or an on-the-job training so that the students will increase their chances of finding good employment and a possible promotion. Some paralegals with an associate's paralegal degree transfer credits so they can pursue a bachelor's degree while working

Thanks to the Internet, it's even possible to purse a paralegal degree without going to school physically. Online paralegal programs only require a computer and Internet connections. The student is provided with online modules and interactive lessons. You may think that an online degree is insufficient for getting good job opportunities. In reality, employers have so much respect for people who complete their online paralegal program successfully because they can balance their education with work, family, and other personal and societal obligations.

What is the right paralegal degree for you? This is a question that can be only answered by you. It helps to consult the faculty or a mentor who can answer all your questions regarding the curriculum. If you want to work full-time, you can choose an online degree. You can also work part-time and get an Associate's degree or Bachelor's degree. As long as you successfully manage your time and complete your degree, that's all that matters.

Times are tough!
If you are looking for a new career and wanting to find out more about Paralegal Degrees click on the link or go to our website about Paralegal Degree information.

Using an Employment Tribunal

An employment tribunal is a term used in Britain and Wales which consists of three members who sit in judgment in the tribunal when there is a dispute between employers and employees of companies based in Britain and Wales. There is also an Employment Tribunal in Scotland but it adheres to much different rules then the one that operates in Britain and Wales and the two different entities don't cross over. The initial employment tribunal in Britain and Wales was established with the creation of the Industrial Training Act 1964. Then in 1998 the name was changed by the Employment Rights Act 1998. The new name is Employment Tribunals which is in existence today.

The tribunal is intended to be a forum that allows the fair hearing of disputes between employers and employees. The complaints may be brought to the tribunal by either the employer or by employees. The tribunals are held in offices in permanent locations throughout the country. These tribunals are statutory jurisdictions which operate by specific dictates and rules and laws. In England and Wales these disputes are often related to unfair dismissal, redundancy pay or employee discrimination which can cover a vast area of discriminatory practices.

In the US this would generally be heard by a state employment dispute board such as the California State Employment Board which is based within the state government. There are also Federal boards where employees can bring their disputes. Of course if the company is a union shop any disputes would flow through that specific trade union. In the US this is often about pay issues. If the complaint is about unsafe work areas the complainant would address one of the OSHA offices which concerns itself with work place safety. In the State of California or the Federal agency the complainant would send a letter addressing their complaint. The employer may not even be informed of the letter and the letter doesn't have to be on an official form and certainly doesn't have to comply with specific time frames initially. The respective agency will perform an initial investigation then may appear in person at the company offices or send a letter directing the employer to send in documentation and so forth and then they get notice of a hearing which in the case of California would be heard by an administrative judge.

In Britain and Wales the initial complaint must be on a Valid Claim Form and must comply with very rigid and specific time frames as does the entire documentation process. This can be delivered in person or by email. If the Valid Claim Form is not received in a timely manner the entire case may be dismissed without any sort of prehearing so timeliness is essential to the process. After a review the defendant such as the employer, will receive a Response Form which must be returned within 28 days of being sent the form. The entire process is regulated by the Administrative Justice and Tribunals Council and administered by Tribunals Service.

Using an Employment Tribunal. For more details visit http://www.employmenttribunal.co

Psychological Harassment in the Workplace

Psychological harassment in the workplace implies manipulative actions by the perpetrator to cause stress through excessive use of fear & control to wear out the victim and induce inability to function leading to withdrawal from work and being deprived of the means for the victim's sustenance. As an invisible attack it is a potent mental weapon that affects the psyche and harms the body from sleep and food deprivation and total disorientation causing health disorders and even brain dysfunction.

The objective

The usual objective of such psychological harassment is usually exercising mental control to compel the victim to act according to the offender's purpose over the victim's own capacity to emote, reason and act according to his own wish and thinking, thus virtually enslaving the sufferer. It can be for a specific time & objective after which, through a process called gas-lighting, the feeding of false information to the victim to make it appear that what was happening all the while was not real, making the victim doubt his or her own memory, sanity and perception - the perpetrator withdraws his offense.

In this kind of harassment, unlike others, sometimes even a single instance of such mental domination can constitute legal cause of action because this kind of harassment can cause permanent harm and disability to the victim.

The identification of offenses

· Vexatious behavior directed at the victim to reduce or remove self-esteem and ability to continue to work.
· Repetitive and unwarranted abuse in private and before colleagues.
· Humiliating commands & hostile gestures meant to frighten the victim to submission without the ability for refusal.
· Raising demands affecting the victim's dignity or integrity.

In one form for another, domination in organizational hierarchies are universal where seniors in authority cause some amount of mental pressure to be exerted upon juniors for extracting maximum outputs for corporate gain. But that is not in the realm of psychological harassment because the obvious objective is not for personal gain. It is only when there is incidence of harassment of a recurring character for a personal agenda that such behavior becomes malafide.

Employer's obligations

In small businesses the employer is supposed to provide a psychologically stress-free environment but cannot guarantee the same. However he is obliged to prevent any situation of psychological harassment arising among his employees through reasonable means and ensure that in such an event he will intervene and stop such incidents as soon as he is made aware. In large organizations the company may be held responsible for the harmful behavior of any of its employees and adoption of suitable management practices that prevent psychological harassment are mandatory. The company therefore informs all personnel of its commitment to prevent and stop all psychological harassment at work.

Conclusion

However, if it is the small business owner himself or the corporate management itself, who is the source of the harassment, seek outside help, or another employer.

Stephen Hamond has been associated with the stephenhammond.ca for the past few years. He has authored a number of articles on psychological harassment, workplace harassment and other harassment resources. He is an expert in the field of human rights harassment.