Category Archives: Law

Protect Your Legal rights as an Employee Through the Help of Employment Lawyers NYC

The employee should have an excellent working bond with their employer regardless of the nature of their work. Both parties should benefit and grow in this relationship. Salary is provided to the employees in return for their time, know-how, and abilities while the employer receives the return of investment. This sounds great. Nonetheless, but this isn’t the situation in all workplaces./p>

If the labor law or employment law is implemented appropriately by both employee and the employer then work issues won’t possibly happen. Many people might end up breaking some work laws without realizing it since these laws are quite complicated. This is the main reason why troubles in workplaces happen. In times like this, the assistance of an expert and proficient new york employment attorney is crucial.

There are different factors why work problems are occurring. This is due to the fact that personnel are not all alike. They have different thoughts and religious beliefs as well as personality and characteristics. Problems at work are more likely to take place when the employer harasses his employee or perhaps, fails to pay him according to what is specified on in the contract. Whatever work-related concerns would that be, they could be handled by employment attorneys successfully.

Main Reasons Why It is Important to Get Employment Lawyer NYC

Wrongful termination and unjust payments are the most common work-related issues that result in litigation. Accident of personnel due to dangerous work practices and sexual harassment need to undergo legal process as well. There are also many workers who have filed complaints to the court as their retirement plans and benefits are not given to them. Engaging in a legal battle requires a tremendous amount of time, money, and determination. With the assistance and representation of reputable employment attorneys nyc, workers can conquer this challenge easily.

Making certain that their clientele understand their rights is part of their responsibilities. Clearly, they know what legal action to have depending on their clients’ case. The attorney will attempt to mediate between the employer and staff if the dispute is still negotiable. However, if the issue is serious, then they will represent the employee during court hearings.

Employment attorneys who work for employees always make sure the odds will be on their favor. They will carefully evaluate documents and contracts in order to finding any glitch that could assist strengthen the case. Then again, employment attorneys who work for employers/company owners adopt an approach called -preventive lawyering’. This is a method in making firm policies that are in accordance to local and federal/state employment laws and regulations.

When conflicts on employment related problems occurs, litigation is not always the ideal solution, a fact that professional employment attorneys is aware of. Considering that filing a lawsuit is laborious, these professionals find other ways to deal with it in a different way. A person’s career, life, and name are at stake when engaging in litigations that’s the reason why they have to consider their option carefully.

The written and oral communication skill of an nyc employment attorney should be excellent. It is also best to ensure that the legal professional is specializing in employment laws, and has stayed abreast with any changes in the law. The very best lawyers are sensitive to the needs of their clientele, despite being analytical in their approach. Only with these qualities will he win the case.

When you wish to get started at tackling the issues regarding Employment Lawyer, then you should go at your own pace where you’re most comfortable with. Hastening results in a poor circumstance as you’ll often find yourself missing over particulars which are important. What you need to do is to work on it consistently and you’ll realize how advantageous this way is. For clear explanation for Employment Lawyer Nyc, just search through https://www.google.com/+YoungMaLLPNewYork.

The U S Constitution — John Eidsmoe Falls Short Of Proving It’s A Christian Document

According to John Eidsmoe, the U S Constitution was heavily influenced by Christianity. That is the thesis of his book Christianity and the Constitution. Published in 1987 by Baker House, the book is 415 pages in length.

The book leads off with a survey of various philosophical schools popular in the 18th Century, not least of which was Calvinism. John Eidsmoe states that a majority of Americans were Calvinist, but fails to demonstrate its influence on the Founders.

The book deals briefly with “John Locke’s social contract theory,” which is said to be the “secular expression” of the covenant. Mr. Eidsmoe equates the two, a usual tactic of Christian Federalists to explain away the obvious secularism of the U S Constitution.

For example, he glosses over Locke’s humanism with the assertion that he was “a Puritan by background” who “based his political theories on Rutherford’s Lex Rex.” Thus he excuses Locke’s humanism and Latitudinarianism to arrive at an very tenuous conclusion. John Locke was a Puritan prodigal, not a faithful son.

Mr. Eidsmoe’s repeated confusion of social contract theory and Bible covenant is his biggest problem. He naively mistakes the preamble of the U S Constitution as a commitment to Bible covenantalism, instead of the godless social contract which it is. This confusion is typical of Christian Constitutionalists, who frequently equate the U S Constitution and the Word of God.

Another chapter looks at aspects of 18th Century Puritanism such as optimistic eschatology and the application of Biblical law to all of life. John Eidsmoe wants his reader to draw the conclusion that these were incorporated into the U S Constitution. But this does not follow. The first Great Awakening of 1742 is described as a revival of Puritanism. This tenuous conclusion supports the non sequitor that Puritanism was built into the U S Constitution of 1787.

Several aberrant philosophies of the time are also discussed, including Freemasonry and Deism. Freemasonry is introduced and then waved off as an innocent social club, useful for political and business networking. John Eidsmoe simply ignores the anti-Christian oaths integral to Freemasonry.

It is hard to summarize all the problems in the chapter on “Law and Government”. For one thing, Mr. Eidsmoe presents Montesquieu as a champion of Biblical law. In reality Montesquieu took the Bible as but one among many authorities, with all subject to natural law.

Likewise Blackstone’s Common Law is presented as a compendium of Biblical law par excellence. The fact of the matter was it had morphed into a barnacle- laiden anachronism by the 1750s. For example, some 200 mostly petty crimes carried the death penalty. Most juries refused to enforce it because it was so obviously unjust.

In reality Blackstone rarely even mentioned the Bible in his Commentaries. We assume John Eidsmoe has read Blackstone, so he should be aware of that.

Returning to Locke, Mr. Eidsmoe justifies his humanism and “blank slate” theory of the mind, which denies original sin. Again he draws the faulty conclusion that Locke’s “social compact theory is similar to the Calvinist idea of covenant.” This is a misleading statement because the two ideas are diametrically opposed. They represent the authority of man versus the authority of God.

All of these misperceptions color the religious biographies of the founders which comprise most of the book. For example, of John Witherspoon he notes that “He devoted his life to instilling the principles of Holy Scripture into the minds and souls of young men who then used these principles to shape America.”

It is difficult to see how anyone who has read Witherspoon’s class notes for his moral philosophy class could draw such a conclusion. Moral philosophy was the culminating class of the curriculum that Witherspoon taught personally to all the graduating seniors at the College of New Jersey. They are an exposition of natural law and secular social contract theory, with very little reference to Holy Scripture.

Typical of Christian apologists for the U S Constitution John Eidsmoe spends a good deal of time arguing that the Founding Fathers were all solid Christians. The usual assumption is that if we can prove the founders were Christian, the document they gave us must of necessity be Christian. But this is a non-sequitor. Space does not permit us to say all that could be said of these biographies.

At the end, John Eidsmoe lists all of the alleged biblical principles he has found in the U S Constitution. But most of what he cites is Enlightenment theory of the natural rights of man, egalitarianism, and natural law. The “consent of the governed” is the source of governing authority rather than God.

Mr. Eismoe is correct in concluding that knowledge of the sinfulness of man prompted the Constitution’s limited, delegated powers. This is the one point at which the Founders got it right, and we have Witherspoon to thank for that. But overall the complexities of this book should limit its use to the advanced student who is well-versed in the issues involved.

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seattle maternity leave employment attorney

The Family and Medical Leave Act is a law requiring covered employers to provide employees job-protected unpaid leave for qualified medical and family reasons. These reasons include personal or family illness, military service, family military leave, pregnancy, adoption, or the foster care placement of a child. The Family and Medical Leave Act requires larger employers to provide unpaid leave to certain workers. This law recognizes the growing needs of balancing family, work, and obligations, and promises numerous protections to workers. This law protects your job during a 12 weeks leave for following reasons- – To care for a new child – To care for a seriously ill family member – To recover from a worker’s own serious illness – To care for an injured service member in the family – To address qualifying exigencies arising out of a family member’s deployment. At work station normally we had many complaints against employer such as- – I am being discriminated against because of my sexual orientation. – I was fired after becoming pregnant – My boss passed me up for a promotion because of my race or religion. – My employer is not paying me for overtime. – I am owed back pay but my employer denies it. – I am not being paid for mandatory training. – I am not being paid for mandatory training. – My employer is sexually harassing me. – After returning from medical leave I was demoted. – I earned commissions that I was never given. To get out of all above problems, we have now family and medical leave act. If you believe that you are being discriminated against or that your employer is withholding wages there is something you can do. Too many times employees try to wait out a problem at work. If so then you need a dedicated team of attorneys who can protect your civil rights. A family medical leave act attorney can represent you very well. You should contact a team who deals in Family medical leave act attorney, unpaid wages lawyers seattle, sex discrimination employment attorney seattle, sex discrimination employment lawyer seattle, seattle race discrimination employment attorney, seattle race discrimination employment lawyer, seattle maternity leave employment attorney and seattle maternity leave employment lawyer.

An Overview of Contract Law

The Extraordinary Importance of Contract Law:
Contract law lies at the heart of our system of laws and serves as the foundation of our entire society. This is not an exaggeration. It is a simple observation – one that too often goes unobserved.

Our society depends upon free exchange in the marketplace at every level. Contract law makes this possible. Exchanges in the marketplace always depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements could never work without contract law.

Contract law serves to make these agreements “enforceable”, which usually means that it allows one party to a contract to obtain money damages from the other party upon showing that the latter stands in breach.

Without contract law, these voluntary agreements would instantly become impractical and unworkable. Since such agreements lie at the very heart of our society and economy, and since they depend upon contract law, it is no exaggeration to say, as I have just done, that “contract law lies at the heart of our system of laws and serves as the foundation of our entire society.” Those were the very words that I used to begin this essay.

Stated more precisely, it is our system of contract law that underpins and makes possible the many private, voluntary agreements by which exchanges of goods and services are accomplished in our society at every level. No exchange is exempt from the contract law, which indeed can be rightly called the cornerstone of marketplace civilization.

In this article, I will briefly explain the different types of contracts that can be made, paying special attention to the common problems that arise in their formulation. I will also discuss how contracts are enforced or avoided, and how a wronged party to a contract can obtain recompense and other relief from the wrongdoing party. I will explain the principle of good faith, which in California is known as the “covenant of good faith and fair dealing”, and which has been too often overlooked by commentators and practitioners alike.

I do not aim to provide a comprehensive explanation of all the theoretical and practical difficulties. This is an overview, not an exhaustive treatise. Sometimes the overview will better help the reader understand the essential points, or the “forest” if you will, while the treatise is better for explaining the many intricacies and complexities that can be rightly called the “trees” of contract law.

Definition of a Contract:
A contract is nothing other than a voluntary, private agreement to exchange valuable things. It most often is an exchange of valuable promises. For example, a home-buyer might promise to pay $250,000 to the seller, who in exchange promises to deliver unencumbered title to the buyer.

Good Faith and Fair Dealing:
Most exchanges are straightforward matters that are self-executing and done without any problem at all. When I buy a cup of coffee at my local cafe (which I have just done so that I may enjoy it while I compose the present essay on my laptop), the cafe and I have made a self-executing exchange, which we have done without a hitch.

Ditto, if I buy a book at the local bookstore or have my car washed at the local car-wash. Ditto again, if I purchase airplane tickets from a travel agent, or have my house painted, or have my teeth cleaned at the dentist’s office.

Fortunately, most exchanges are performed on the spot to everyone’s satisfaction. Were this otherwise, our society and general commerce would soon become choked by controversy and disputes. Thus it may be said that our system depends above all on the good faith and honesty of our people. Indeed, the principle of “good faith” is central to contract law.

Every contract made or performed in California is said to include an implied-in-law covenant of good faith and fair dealing, by which each party to the contract agrees to act in good faith and deal fairly with the other. This has been construed to mean that one party to a contract should not try in bad faith to cheat the other party of the benefit of the bargain made by the contract.

Inevitable Complications and Controversies:
While most exchanges are performed without incident, not all of them are, as we all know. This is true even in the simplest of matters (e.g., the sale of a cup of coffee) and is even more likely in a complicated transaction (e.g., the financing, delivery, and insurance of commercial aircraft for an overseas company over a thirty-year term).

Let us take a simple example first. I will list only a few of the problems that might arise from a simple contract for a one-time sale of a single box of tomatoes. If you offer to give me $10 for a carton of tomatoes that I have sitting on a table behind me, and if I agree to accept it as payment in full for the tomatoes, we have made an oral contract that we can perform on the spot: You hand me the $10 bill, and I give you the carton. Nothing more simple or straightforward, right? But what if you discover that my tomatoes were too ripe when you bought them, and that they all go rotten within two hours of the purchase? What if I take your $10 bill, but then refuse to give the box of tomatoes, telling you to “beat it, scram, or else you’ll get hurt!” What happens if your $10 bill turns out to be counterfeit, or if you take the tomatoes but refuse to pay, or pay with a check that you later cancel or that is returned unpaid by the bank? What if the carton breaks while you are carrying it, and all the tomatoes fall to the ground and are ruined? What if you needed these tomatoes for the dinner you meant to make for your boss, who, in disappointment, decides not to give you the promotion he had earlier discussed with you? My point is only that problems can and often do arise in even the simplest, easiest exchanges.

In more complicated transactions, the possible difficulties are varied and sometimes difficult for the parties even to envision at the outset, much less address in an intelligent, orderly manner. Let’s consider one such example. Suppose a large American company makes a contract with a large foreign company by which it becomes obliged to design, deliver, and insure an entire generation of commercial aircraft over a thirty-year period. The possible complications might take me literally years to ponder, list, analyze, and explain. It could take a decade or longer for feuding teams of lawyers in several countries to sort out the possible complications that might arise.

To avoid such controversy, which results in burdensome attorney’s fees and an equally burdensome devotion of attention and effort that could be better employed in more constructive endeavors, it is necessary to have a proper contract in place at the outset: If the exchange is to be done on the spot and simultaneously, a written contract need not be used, but the parties should either reasonably trust one another’s good faith or have an exact understanding of the exchange before they undertake it. If the exchange cannot be performed in full on the spot, there should be a written contract to state the parties’ obligations and the essential terms of the exchange. A good written contract will also address at least the most likely complications that might arise, assigning responsibility for any such complication to a specific party in a specified manner.

A good written contract is one that clearly describes the exchange to be done and also addresses the possible complications that might arise during the performance of the exchange.

Different Kinds of Contracts:
I earlier provided a simple definition of a contract. Here is a more technical definition: A contract is a private compact, voluntarily made, by which the parties agree to exchange valuable things with one another. A contract comes into existence when (1) one party makes an offer that the other party accepts, and (2) the parties thereby agree to exchange valuable benefits on specified terms and conditions, with reasonably specific agreement on the price, place, time, the goods or services to be delivered, and the other essential terms of the exchange.

what’s In A Name – Just Your Business Survival!

What’s so important about how I sign my name?”

I get asked that question all of the time from my business consulting clients.

I tell them that a better question to ask me is this:

“Who cares about how I sign my name?”

The answer is a simple one.

NOBODY.

FINE PRINT: Except… your customers and clients, your creditors, your bank, your mortgage company, your landlord, the I.R.S… oh yes… and anyone else that wants to SUE YOU (and don’t forget ALL their lawyers!).

As in many areas of the law, the exception to the rule swallows up the rule!

What do I mean by this?

Well, let’s start with some basics. For instance, if you’ve already formed a corporation or limited liability company (LLC), you may think that you’re already protected from personal liability in the event of a lawsuit against your business.

In general, the rule is that a corporation or LLC, if formed correctly, and if all of the formalities required under the law of the State where the entity was formed are followed, does protect you from personal liability for business debts and lawsuits.

FINE PRINT: Except… when you choose to do business as an individual, and not as the corporation or LLC that you initially formed.

You see, whenever you sign documents like contracts, purchase orders, contractual agreements, leases, loans, mortgages, promissory notes, and most other legal documents involving your business, you need to make sure that you sign your name only in your business capacity.

You MUST avoid signing your name in your individual capacity.

And how do you do that? It’s pretty simple. You see, the format that you use to sign your name is the controlling factor.

In many cases, you as the business owner, sign your name without knowing how to properly sign your name to business documents. In fact, most business owners of corporations and LLC’s still sign legally binding agreements in their individual capacity…and not as the business.

SIGN AS AN AGENT OF YOUR BUSINESS

If you have formed a corporation or an LLC, you must remember to sign all contracts, agreements, invoices, etc… as an agent of the business.

For example… Many business owners haphazardly, or perhaps inadvertently, sign legal documents like the format shown in

EXAMPLE 1 below:

EXAMPLE 1

(signature)
————————
John Doe

“But what is the consequence of signing my name like in EXAMPLE 1 above to invoices, agreements, or documents?”

EXAMPLE 1 and the above signature format legally establishes that YOU have signed the contract, invoice, loan, or agreement as an individual.

And not as an agent on behalf of your business.

If you sign your name to agreements in the form depicted in EXAMPLE 1 above, YOU could very well be liable personally to meet all of the terms of the agreement.

And you likely don’t want to do this!

Why Simply out, because you’re therefore subjecting all of your business assets and personal assets as well to the risk of a lawsuit.

If you sign agreements as depicted in EXAMPLE 1 above, YOU will very likely be named personally, as well as your business, in any lawsuit filed against the business.

Remember then:

Signing your name like in EXAMPLE 1 above DOES NOT establish that you have signed the agreement as an agent on behalf of your business.

“Okay. So how should I sign my name to my invoices, contracts, leases, loans, or any other business agreements?

What simple step can I take to protect my business, and my personal assets as well?

SIGN DOCUMENTS ONLY AS AN AGENT OF YOUR BUSINESS

Make sure that you only sign legal documents, letters, memos, invoices, loans, leases, etc… as an agent of your business.

How must I sign my name to any legal document or agreement to show that I am signing only as an agent of my business?

Follow EXAMPLE 2 below:

EXAMPLE 2

ABC CORPORATION, INC.

(signature)
———————————–
BY: John Doe
President (Company Title)

If you sign your name on the dotted line following the exact format depicted in Example 2 above, you legally establish that you are only signing as an agent on behalf of the business…and not in your individual capacity.

But you MUST follow the Example 2 precisely.

CAVEAT: Another very important point on this topic.

AVOID SIGNING documents that state “PERSONAL GUARANTY” on them.

A Personal Guaranty is usually a separate legal document attached to the main agreement. You generally see a Personal Guaranty in a loan, mortgage, or lease. However, sometimes a Personal Guaranty can be established just by the way you sign the legal document, invoice, lease, or agreement.

How?

Simple. If the agreement merely has a signature line that has your individual name on it without any reference to your business name, you are signing the document as a Personal Guaranty. You are therefore personally liable for that agreement if you sign the agreement with such a signature line.

But, what do I do if I am being required to sign a Personal Guaranty, like for a business loan or commercial lease for example?

If a Personal Guaranty is required, you or your lawyer should negotiate a limited period of time (the shortest possible) that the Personal Guaranty will bind you as an individual.

Remember, if you formed a corporation or LLC in the first place, you did it to avoid personal liability and to protect your personal assets. Anyone who does business with your company should, and usually does, know this. So, be careful. Other possibilities can be negotiated too. Just do your best not to sign in your personal capacity by signing a Personal Guaranty.

It’s important to remember to only sign legal documents, invoices, and even letters as an agent of your business. (Follow the format found in EXAMPLE 2 above).

How else can I make sure that I am signing my name properly to all of my business documents?

Call your attorney to review all of your agreements, invoices, leases, and legal documents BEFORE you sign them. Your attorney will offer sound advice that protects YOU, your loved ones, and your business.

Now, let’s review.

What’s in a name?

Well… besides your business…

…it could be all of YOUR personal and family assets!

The best advicve especially in the midst of tough economic times or a Recession, is to have any document you sign first reviewed by your lawyer or business consultant.