How to Dispute Your Wages Rationally and Get Results
Wage disputes usually refer to the negotiations between an employer and its employees regarding compensation. This can happen after termination, during employment, and even after layoffs. In the fight for better wages, it is important that employees take certain steps to protect themselves and their rights. If you are in a wage dispute with your employer, here are some ways to improve the chances of winning your dispute.
Review the Laws Concerning Wages
Before continuing negotiations with an employer, you need to review State and federal laws regarding wages. These laws could have an impact on the outcome of your dispute and might change how you go about it.
If the employer is not meeting the standards set by the government, you could win your dispute by filing a complaint with the relevant governing agency. For instance, if your employer is not paying at least the minimum wage according to your state’s laws, you could file a complaint with the state’s labor board.
Know the Exact Number
One of the mistakes other employees make in wage disputes is not being clear on exactly how much of an increase is expected. This can lead to protracted negotiations that can leave both sides less willing to negotiate.
If you do not know the exact amount of the increase that you want, take the time to find out what the range is for your field. Once you know, select an amount that is at or near the top of the range. This will allow room for negotiating and give you a better chance of winning a better wage.
Directly Answer Challenges
During negotiations, your employer might challenge your right to a higher wage. It is imperative that you directly address the challenges. Failing to do so hurts the negotiations and leaves you vulnerable to a loss. A direct challenge could strengthen your case and help your employer realize you have met the criteria for an increase in salary.
For instance, if the employer states that your work performance does not meet the criteria for an increase, be prepared to provide proof that you are entitled to a raise. Copies of performance reviews, statements from co-workers, and relevant passages from the employee handbook can help prove you do deserve an increase.
Regardless of how well-prepared you are for the negotiations with your employer, there is still the possibility that problems can ensue. An attorney who has experience with wage disputes can help you plan your next move and handle challenges that occur during negotiations.
Is Texting While Driving Grounds to be Charged with a Crime?
Texting while driving has been a hot topic for years, but you may be wondering if you can be charged with a crime for doing so. In most states, there are laws about texting while driving, as only a select few have no texting laws at all. Here are the different types of texting bans.
Primary Enforcement Texting Bans
Many states have primary enforcement texting bans. This enforcement means texting while driving is a crime, and if a police officer sees you doing it, they can pull you over and write you a ticket for it, even if that’s the only thing you were doing wrong.
Several of the states that have primary enforcement texting bans also have hand-held phone use bans. These prohibit you from handling your phone at all while you’re behind the wheel.
Secondary Enforcement Texting Bans
A few states have secondary enforcement texting bans. Texting while driving is still considered a crime in these states, but since it’s a secondary offense, it can’t be the sole reason a police officer pulls you over.
If a police officer sees you texting and driving without committing any other violation, it wouldn’t be legal for them to ticket you. But if you were speeding and texting while driving, they could pull you over for speeding, and then write you a ticket for both violations.
Novice Driver Texting Bans
There is also a small number of states that have texting bans only for novice drivers. For example, in Missouri, there is a texting while driving ban that applies to drivers who are under 21 years of age.
In these states, you’d only be committing a crime if you were in the age range that the texting ban covers. Police officers in states with these types of texting bans typically consider texting while driving a secondary offense and only pull a driver over if there is another violation because it’s difficult and sometimes impossible for an officer to know how old a driver is just by looking at them.
Common Penalties
The standard penalty for texting while driving is a fine, but you could also end up with points on your license. This is one area where an attorney can help you get the best deal.
In most states, texting while driving is a crime. Even if it isn’t in your state, it’s still dangerous, and you’re better off avoiding it.
5 Things to Expect During the Divorce Proceedings
A divorce can be a particularly stressful situation, regardless of whether it is agreed upon or not. It is an emotional rollercoaster full of ups, downs, twists, and loops. You can plan for a general course of action, but you must always prepare for potential hiccups. It is not a quick or easy process. Here are five things to expect that apply to almost every type of divorce.
An Attorney
Many people make the mistake of trying to handle a divorce on their own. Television is partly to blame. Reality, sitcom, and court shows often falsely portray divorces as simplistic. The truth is that different aspects and steps must be explicitly followed. These elements include a legal proceeding that will take place in a courtroom with a judge. Abraham Lincoln once said, “He who represents himself has a fool for a client.”
While divorces can be costly, opting to represent yourself is not a good idea. Hiring an experienced divorce attorney ensures all guides are being followed and all family laws are adhered and followed. The divorce attorney can help you understand everything, from start to finish.
Know Your Facts
Many people expect their attorney to remember every detail and find or obtain every document and piece of evidence. Always be prepared. Keep your notes and copies of materials. Familiarize yourself with every aspect of your case, including any claims made by your spouse. Ask questions when you are confused or uncertain. Be active in your case because your attorney may not always be able to speak for you.
Surround Yourself with Positivity
Many divorcees do not think about the emotional toll that is typically experienced. Even the most amicable, cut-and-dry divorce can cause a feeling of failure combined with other emotions such as uncertainty, anger, and depression. The most beneficial thing you can do is surround yourself with people who will be supportive and positive.
Expect Everything
There is an old saying that states “Hope for the best but expect the worst.” You need to make sure that you prepare for anything that might get thrown at you during your divorce case. It is not uncommon for the ugly side of people to come to the surface, even if you have never seen it before. Expect a lot of back and forth in dividing assets and deciding child custody or visitation. You should also prepare for anything a judge chooses to do with your case, including decisions you might not like.
Multiple Meetings
You will be attending numerous meetings throughout the life of your divorce proceedings. An initial hearing may be scheduled to order mediation. You can expect various meetings with a mediator, mainly if there is difficulty agreeing on the division of assets and child visitation. Your lawyer may also request multiple sessions with you before you have a final hearing in court.
The divorce process involves more than just hiring an attorney and being granted your divorce by the judge. There are multiple steps in between. If you have an amicable agreement and you and your spouse have already decided on the essential things, the process is quicker. Contested divorces and missing spouses can drag out the process substantially. Although the divorce attorney can help guide you through, you must be informed and engaged in your case.
Can Christian Lawyers Be Personal Injury Attorneys?
The short answer to this question is yes. The task of a personal injury attorney is to represent clients who have been harmed through another’s negligence or recklessness, and this is done according to civil laws. Where the laws are just, they reflect the divine law, albeit imperfectly, and are thus worthy of being upheld and put into practice.
What Is Justice?
Perhaps the real question here is whether it’s just for an injury victim to pursue a claim against another. Because if it were not, then the attorney, by backing the victim’s claim, would be complicit in an act of injustice, which would be a sin.
The Law of Moses defines justice as giving to another what is due to him: “You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor” (Lev 19:15). Another thread running through both testaments is the idea of protecting those most vulnerable (i.e. Deut 24:17-21; Jer 22:3; Matt 19:21; James 1:27, etc).
According to Page Law, litigation is about seeking “to protect victims who are harmed by the action or inaction of another person or entity.” When clients are injured through no fault of their own, they deserve, by the virtue of justice, to be compensated. This is maintained by Christ Himself, who blesses Zacchaeus and his household when he says, “If I have defrauded anyone of anything, I restore it fourfold” (Luke 19:8).
Civil laws reflect this virtue of justice, though not absolutely. Take, for example, the laws governing restitution for pain and suffering. No natural connection exists between pain and money; we cannot say absolutely that a stubbed toe costs $5 or back pain costs $1,000. Thus, there cannot be perfect justice in this regard, as there can be if the victim merely wants payment for medical bills.
What About Forgiveness?
As Christians, we know that even “perfect” justice leaves something to be desired. We are called to be merciful, to forgive those who sin against us, even till seventy times seven times (cf. Matt 18:22). At the same time, we must remember that justice and mercy do not conflict. Just as there is no Redemption without a Fall, so there is no mercy without an injury to forgive.
We must keep in mind that it is for clients to forgive, and that not all clients necessarily pursue a claim out of vengeance. Should one do so, the attorney is merely defending the client’s right to compensation; the attorney is not defending the client’s hatred, which is after all independent of the facts of the case.
Whether they’re estimating a settlement or preparing for litigation, attorneys can exercise prudence and ensure that justice, however imperfect, is carried out. As this does not constitute a sin but is, on the contrary, a praiseworthy task in itself, there is ultimately no reason why Christians cannot be personal injury attorneys.
5 Reasons You Need a Lawyer for Your Contracts
Just like other business owners, you want to make sure that you are maximizing the profit of your rental property without having to deal with any damage to your property. Because of your business deals with other people and their actions, it is important that you have a contract with your tenants. As a landlord, hiring a lawyer for advice on contracts is essential in ensuring that you achieve these goals.
Ensures Complete Contracts
Lawyers have expertise in drafting complete contracts that contain a clear explanation of each party’s responsibilities. When reviewing contracts written by others, lawyers pay special attention to certain missing key terms and make suggestions about additional clauses. Whether the attorney is drafting or reviewing your contract, he understands that a properly written contract must contain not only the terms of the contract, but it should also protect you from unforeseen circumstances.
Easily Enforceable Contracts
Ideally, you won’t ever have to worry about any of your tenants or enforcing their contracts. But there are always problem tenants, and you want to make sure that you can actually enforce the terms of the rental contract, so you don’t lose value on your property or the business of your other tenants. However, a generic form contract may have loopholes that may not be enforceable in court. Some form contracts found online may be outdated or may not be in line with the local laws.
Better Contract Terms
Typically, attorneys draft contracts in a manner that favors their clients, so having a lawyer puts someone in your corner. This doesn’t mean that you are being unfair to your tenants. This is simply designed to help you protect your investment. A lawyer can help you make sure that everything is properly outlined so you don’t have to worry about being held liable for something you may have forgotten.
Helps Settle Disputes
Involving a lawyer in drafting or reviewing your contracts helps you avoid expensive disputes that may arise out of poorly written contracts. For instance, the attorney will ensure that the lease complies with all the local laws and that your responsibilities are clearly outlined and that limits are stated so you don’t have to worry about resolving a dispute. If it’s in the contract, it holds, even if you tenant didn’t read it.
Better Understanding of the Contract
Because contracts are legally binding documents, it’s important that you understand what you are asking your tenants to sign, because you are also bound by this legal document. Don’t paint yourself into a corner because you didn’t understand what you wrote in a contract.
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Leasehold Repairs and Disputes
What Should I Do if I Was Attacked By a Dog?
Dog attacks can result in some very serious injuries. In most cases, an animal attack requires legal action, just to recover the costs of medical treatment for one’s injuries. Keeping that in mind, there are a number of responses one should follow in the event that he or she has been bitten by a dog.
Seek Medical Attention
This should be your primary concern, following a dog attack, even if injuries aren’t readily apparent. According to Brauns Law, approximately 20 percent of the 4.5 million dog bites per year require medical treatment. A few of these injuries required reconstructive surgery and some of them even resulted in death, so it’s important to treat your injuries immediately. You should also find out if the animal carried any diseases that they may have passed on. For instance, rabies can be transmitted when an infected dog’s saliva comes into contact with a bite victim’s blood.
Identify the Dog’s Owner
This should be done as early in the process as possible. Seeking medical treatment is the priority, so, unless you’re familiar with the pet owner, this is something you may have to find out later. As soon as you’re able, determine the name of the dog’s owner and as much contact information as you can obtain. At the very least, you should acquire the individual’s name, telephone number, and address.
Consider a Personal Injury Claim
When it comes to getting compensation for your injuries, you are probably going to have to go to court. Most people won’t admit that their dog was in the wrong, and they definitely don’t want to pay for your injuries. Once you have seen your doctor and assess the extent of your injuries, you can decide if you want to make a claim against the owner. Remember that the burden of proof will be on you, and if you antagonized the dog at all, you have no case.
Depending on your state, there are different rules for filing a personal injury claim on a dog bite. Make sure you do your research quickly, so you don’t pass the statute of limitations. You should also figure out if you are the first person that this dog has bitten. The number of attacks this dog has made will be a crucial piece of information if you do go to trial.
Wrap Up
Every dog bite should be treated seriously. Victims of dog bites should always consult with an attorney, especially where a settlement payment is offered. You want to ensure your medical expenses are covered and you have received appropriate compensation for pain and suffering. An initial consultation with a dog bite attorney can help outline your options and give you insight into your best course of action.
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How to Navigate Custody Disputes
Nothing complicates a divorce quite as quickly as a custody dispute. It’s one area where neither party is likely to want to give any ground, so it can be hard to reach a compromise. The laws are also complicated, which can lead to trouble during even the most amicable divorce. Fortunately, there are a few techniques that can make the dispute a little bit easier.
Get Legal Help
Nobody should try to get through a custody dispute without competent legal assistance. A good lawyer will help you to understand the situation, set reasonable expectations, and make sure that you don’t make any disastrous mistakes during the legal proceedings. They can also help outside the courtroom by mediating the dispute in the hope of reaching a compromise. Mistakes can happen early in the process, so it’s important to get a good lawyer as quickly as possible once the dispute begins.
Understand Your Goals
It’s impossible to achieve your goals without understanding what they are. Divorces can be quite acrimonious, so people often end up fighting simply for the sake of fighting, but that isn’t productive. Instead, you should try to figure out what your ideal outcome for the dispute might be. You should also try to identify areas where you are willing to compromise. This can be surprisingly difficult for people who aren’t used to resolving conflicts, but a lawyer or mediator can help you to understand your objectives before the discussions start.
Keep the Children in Mind
People sometimes get so focused on winning the dispute that they lose sight of the welfare of their children. That is a terrible mistake that can lead to a great deal of misery in the future. Remembering that the welfare of the children is the most important concern is the best way to avoid that. Thinking about that can also help people to take a step back from any personal conflicts that occur during the dispute and focus on resolving it as neatly and peacefully as possible, which usually leads to better results for everyone.
Resolving the Conflict
Custody disputes are often the most bitter and complicated part of a divorce. You’ll never be able to turn it into a simple or pleasant process, but you can keep the conflict from getting out of hand. The whole point of custody is to take care of your children in the best way possible. When you and your former spouse keep that in mind, you will be able to get through whatever other problems you may have.
5 Ways to Protect Yourself During a Police Encounter
If you are ever stopped by a police officer, either from walking down your street, driving, or at your house, here are the top five ways to better protect yourself during the encounter. Following these rules can help you prevent additional interactions or fines they may try to produce while meeting with them.
Keep a Relaxed Attitude
When talking to police officers, you should do your best to keep a relaxed attitude and prevent yourself from becoming aggressive or ill tempered. Even though no one likes being confronted by the authorities, you need to offer them the respect they deserve.
All you need to do is cooperative accordingly while keeping your rights in mind to prevent and danger to yourself.
Remember Your Right to Remain Silent
This may seem like the most rehearsed line in any cop movie, but you should remember at all times that you have the right to remain silent. Even if your vehicle is pulled over by the authorities, all you have to do is offer the police officer your license and registration.
If the authorities ask you questions, you have the right to refuse to answer them. Instead, you can ask the officer why they’re asking the questions in the first place. However, you should still be respectful. Very few police officers are out trying to cause problems.
You Have the Right to Refuse a Search of Your Property
As a citizen, you never have to consent to a search. Even if a police officer threatens you, you are not legally obliged to allow officers to search your property. In fact, your fourth amendment rights protect you from unwarranted searches in your car, home, or other property. If the officer cannot physically see the object in plain sight, they cannot force you to allow them to search through your property.
Do Not Run Away
Remember, you are innocent until you are proven guilty. If you encounter a police officer, do not freak out or overreact. After all, running away from a police officer automatically makes you look suspicious, even if you did not do anything illegal. Try to follow instructions and do not attempt to flee from police custody. It can have serious future consequences.
Don’t Touch Them
This should be pretty self-explanatory. Even a casual touch on the arm is not okay. Any kind of touching is a felony and you could end up getting hurt if you make the wrong move. Don’t touch an on-duty police officer under any circumstances.
If a police encounter does go wrong…
Remember that you are still entitled to legal protection. There are laws that cover police encounters and they are in place for a reason. Sometimes the best thing you can do to protect yourself is to seek out the aid of a lawyer who has experience dealing with police encounters.
If you are ever stopped by a police officer, keep these tips in mind. You have certain rights, so make sure you use them. Remember, too, that police officers are people too and they are just trying to do their jobs. They play an important role in our society but you can still protect yourself and your rights.
What Are Your Options If You’ve Been Hit By A Drunk Driver?
Drunk drivers can cause serious damage to your vehicle and the accident can cause serious injury. Also, the crash causes a great deal of emotional suffering to the victim.
Luckily, if you have a collision with a drunk driver, you have a high chance of winning a lawsuit. This is particularly true if you live in a state that isn’t a no-fault state. It also can improve your odds dramatically if the driver was convicted of drunk driving.
In addition, it is likely that you will have access to insurance benefits if you are hit by a drunk driver. In some cases, your own insurance may pay if the driver was uninsured. However, this depends on the insurance plan that you have, and how much is in it.
What States Are No Fault States?
Most states are not no-fault states. In fact, only 12 out of 50 states are no fault. These states are Florida, New York, New Jersey, Pennsylvania, Michigan, North Dakota, Utah, Kentucky, Kansas, Hawaii, Massachusetts, and Minnesota.
Do You Still Have Options In A No Fault States?
There still might be ways that you could sue a drunk driver if you live in a no-fault state. If the amount of damage exceeds a certain threshold, you will be able to pursue legal action against the driver. However, this amount varies between states.
How Do Insurance Benefits Work?
If The Driver Had Insurance:
If the driver had insurance, they are very likely to compensate. This is especially true if the driver was convicted of a DUI, OUI, or DWI. It also is very likely to occur if the drunk driver was convicted of a lesser charge, such as DWAI. This is because lawsuits in this situation tend to be exceptionally costly for insurance companies. Therefore, if there was a conviction, there is a good chance of the case not going to court. This is especially true if the driver had an especially high blood alcohol concentration and was convicted of an aggravated DUI or DWI.
If The Driver Didn’t Have Insurance:
If the driver didn’t have insurance, you’re much more likely to have to sue the drunk driver directly. This can result in less compensation.
However, this is not always the case. In fact, some insurance companies cover damages caused by an uninsured driver who was at fault. However, this may or may not cover the cost of medical bills, and it also won’t provide an additional amount for pain and suffering. Regardless of the details about who had insurance or what your specific laws are in your state, the first thing you should do after making sure you are okay is call an experienced lawyer who can help handle the negotiations with the insurance company and seek damages if appropriate.