Archive for May, 2015

Important Information If You Are Considering Suing Your Employer

If you believe that your employer has breached one of their contractual or other legal duties, you may be considering taking legal action against them. There can be a lot of effort and money involved and potential disruption to your life by raising a claim. So, it is important that you put careful thought into making this decision. To help you get started, here is some useful information on what to do if you are considering suing your employer.

Read your employment contract carefully

Make sure you are clear about the rights that you believe your employer has breached. Contracts are not always clear and straightforward, especially for non-lawyers. Therefore, it can be helpful to seek legal advice to confirm that you have understood the contract. You should also make yourself familiar with your employer’s policy on complaints, in case you decide to raise one.

Make detailed notes

Without evidence to back up your claim, it could end up being your word against your employers. It’s a very good idea to take detailed notes whenever an incident occurs in the workplace that you are concerned about. Make sure you date your notes and be as detailed as you can about what happened.

Lodge your complaint

At this point, if you are convinced you should complain, make it official with your employer’s human resources department. HR will take all the evidence and conduct interviews in order to investigate your complaint. With the help of HR, you might be able to resolve the problem with your employer. On the other hand, you complaint might not be dealt with in a way that you are satisfied with. If this is the case, you may decide to take legal action.

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Consider the legal assistance you will require

An experienced lawyer can assist you in various ways. They’ll help you understand the law surrounding the situation, explain whether they think you have a case and if so, represent you before a tribunal or court. When choosing a law firm to approach, it is advisable that you look at their experience. For example, if you wish to raise an asbestos claim against your employer, you’ll want to find a law firm that has excellent knowledge and experience in these matters. (more…)

Perfect Ways to Prepare for a Lawsuit

There will come a time in many people’s lives when they will be involved in a lawsuit of some description. This can be a confusing and stressful time regardless of which side of the suit you’re on. And you’re going to need to take steps to prepare for it. This way you put yourself in a good position to get the best possible outcome under the easiest conditions.

Now, you might have been involved in a personal accident or injury. Perhaps it was in the workplace. The problem with injuries is they can leave you bed-ridden and out of action for a long while. You might need to take time off work, and this will have a negative impact on your financial situation. As such, you’re going to want to get compensation to help you out and give you a financial boost. But, to do this you’ll have to go through a lawsuit. So it’s best you have an understanding of how to prepare for one.

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Make Sure You Have a Case

The first thing you’ve got to do is ensure that you have a case. It’s no good going through the time, effort, and cost of a lawsuit if you don’t have a good chance of winning. You need to be sure you have proper cause for legal action. Do your research, and make sure you aren’t going to be wasting your time. You may want to think about talking to a solicitor and seeking legal advice before making a definitive decision.

Sort Your Finances Out

When you’ve come to a decision about taking legal action, you’re going to need to check out your finances. Any type of legal action is going to cost you money. Now, a lot of people worry because they feel like they can’t afford it. And this is a natural concern to have, but the good news is there’s plenty you can do to get financial help. These days you have the option to get a lawsuit advance to help you cover legal costs. And the best part about this advance is that if you lose your case you don’t owe anything in return. This is a fantastic option for people who are finding it difficult financially. It allows them to still get a chance at a fair and just outcome.

Hire a Lawyer

Once all the finances have been sorted out you’re going to need to hire yourself a lawyer. And in many ways this is the most important decision you’re going to have to make. You need a lawyer with an excellent reputation and success rate. It’s important to have someone on your side fighting your corner for you. Remember, a lawyer is going to be there to assist you, but also to answer any questions you may have. Don’t forget, they’ve done this before, so they’re going to be familiar with the process.

Remember, anything to do with the law is always a process. Things take time, and you’re going to need to be patient. But, it’s important that you get everything right when you’re preparing for your lawsuit. You need to make the right choices to help the process run smoothly for you. This post lists just a few of the most important ways in which you can prepare. There are sure to be more as well though.

When You Should Act on Problems at Work

We have all had awful work experiences. Bosses can be disrespectful. Other workers can be obnoxious and down right rude. But it can feel like it is all in your head. Or that you are making something out of nothing. You might be made to feel like there is no problem at all. So you put up with it. You go in every day and face the same atrocious behaviour. But there is a time when enough is enough, and you must take action. There are situations that you should never have to deal with.

Bullying

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There are some people who will tell you that bullying is something only children experience. Adults should be able to either ignore “bullying” or put a stop to it with their own actions. This is an unfair analysis of the problem because even as an adult it can feel like there is nothing you can do. But please remember, if you are facing bullying at work, there are people who can help you. If you are a member of a Union, you can speak to your union officer. If you are being bullied by one of your colleagues you can speak to your boss. If your boss is the bully, then it may be time to contact a lawyer. For example, Zaner Harden attorneys will handle any cases of bullying or harassment you have at work.

You may be led to believe that what is occurring is not bullying. The instigator may claim it was nothing more than joking around. Remember a joke is only funny if both people are laughing. The law is on your side.

Sexual Harassment

It can be hard to know whether you are a subject of sexual harassment. If you are a woman, it can just feel like you are being treated like “one of the boys.” If you are a man, you may feel like you should be flattered. However, anything that makes you feel uncomfortable could be seen as harassment. For example, if workers are making sexist comments in front of you or directly towards you then do not ignore it. The situation could be more serious. If a coworker or boss has touched or grabbed you inappropriately then it is time to inform the police. Do not feel forced to work in an environment where you are unhappy or treated poorly. (more…)

Four Ways to Get The Best Lawyers

Getting to grips with the law is almost impossible for the average layman. You can’t blame them though. The legal system is complex, but also layered. Not only that, it can sometimes change.

It’s like battling on a shifting plane sometimes. Those experience in law knows this. The legal profession draws some of the best minds a country has to offer.

There are however some shysters in it for a quick buck. Ambulance chasing fraud lawyers are something of a stereotype, but they’re out there.

Here’s what you need to look for when choosing your representation.

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Track Record

This is the primary point that should influence your decision. If your desired legal representation does not have some successes on your ledger, you should turn elsewhere.

Failure to win a case is not an automatic strike against a firm. Failure to win several, however, may indicate failings. Either the lawyers themselves are not up to the task or the cases they are taking are unwinnable. It is hard to tell which.

Do not mistake a streak of wins for competence either. Yours might be the one to break the streak if they are not up to task. (more…)

The Best Way to Make an Accident Claim

Making an accident claim isn’t exactly a fun way to spend your time. However, if you’ve had a nasty accident that you feel you need compensating for, it’s the only way to go about it. You may get your medical bills paid for, as well as some compensation for your injuries. You will also want to stop the accident from happening again in future, whether it was because a faulty piece of equipment or insufficient signage. Whoever was at fault for your accident, follow the instructions in this guide to make yours go as smoothly as possible.

Get Police Reports

If the police were involved when you had your accident, it’s a good idea to obtain copies of the police reports. If you can get a number and name for the officer who handled the case, that would be a bonus too. Legal reports like this will help you along the way.

Take Pictures

Take pictures of your accident. You should take pictures of the scene if possible, and of your injury. Don’t just take one picture; take pictures as time goes on if you can. This will allow the insurance company to see the extent of your injuries and how long it’s taken you to recover. Make sure the pictures are timestamped properly so that there can’t be any discrepancies.

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Document

Document any interaction you have with the police yourself. Not only that, write down interactions with the insurance company and anybody else who might be relevant. Write down dates, times, and what was said in the conversation so you can easily refer back to it if needs be. This can be in a notebook or on the computer; whatever you find easiest. (more…)

6 Essential Things To Do If You Are Fired

If you have recently been fired, no matter what the reason for this is, there are several important things you should do in order to manage the situation in the best way possible. Let’s take a look at the essential things to do if your role has been terminated.

  1. Stay calm and always remain professional. In most cases, employees feel confused, angry and hurt following notification that they are being fired. These emotions can lead you to lash out at in response to this news. We know it’s difficult, but it is very important to stay calm and professional during this process. Otherwise, you might end up making the situation much worse. It often helps to take some time out before you respond, in order to calm down and to think logically about your next steps.

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  1. Speak to a lawyer. If you believe you have been unfairly dismissed, you may be able to take legal action against your previous employer. If this applies to you, you should seek employment law advice from a qualified and reputable lawyer. There is also a wealth of information online about the legal process following an unfair dismissal. However, make sure you only take advice from reputable sources.
  1. Negotiate with your boss. Just because you have been fired, that doesn’t mean you don’t have any bargaining power. If you think you deserve a better deal, you can attempt to negotiate on severance pay, the amount of notice and other terms. If you are concerned at all about the termination agreement, you can seek advice from an employment law professional before signing.
  1. Inquire about references. Find out from your previous employer whether they are willing to provide you with a reference for future roles. If they are, confirm with them that they will be using neutral language to explain your departure. This will avoid scaring off potential new employers.

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