Know Your Fishing Laws

Business Disputes: Mediation, Arbitration, Or Court?

Posted by on 5:56 am in Uncategorized | Comments Off on Business Disputes: Mediation, Arbitration, Or Court?

If you run a business and are involved in a dispute with another business, sometimes talking it out between the two of you just won’t work. When you need a third party to get involved, you might think court is in the future. However, it’s not the only option. Mediation and arbitration are also options. However, not all of these three can work in every circumstance. There’s usually one form that stands out from the others depending on the issues surrounding your case. Trying to Stay Low-Key Sometimes you and the other party don’t want the publicity that can surround a full lawsuit. In that case, mediation or arbitration are better. Arbitration can be private, and mediation doesn’t have to be discussed outside the companies at all, either. Mediation is rather informal — you can’t enforce the final agreement and it kind of relies on the honor system. It’s better for friendly disputes where both parties are interested in working with each other to find a solution. Practical Issues Sometimes you need a legally binding outcome, but you also need it fast or cheap, or both. For that, there’s arbitration. Consider it litigation lite: both parties have to abide by the arbiter’s final decision, and the arbiter is a neutral party just as a judge would be. But it’s a faster process that doesn’t require as much money thrown at it from either side. Arbitration would be your best solution if you need this combination of practicality and legal procedure. It’s also less of a hassle if you’re dealing with an international opponent, too. No Cooperation Sometimes, though, one party is just not going to cooperate, and both sides will insist they’re right. If the battle has become too complicated and acrimonious for arbitration — and there are no contractual clauses stating the parties must go to arbitration instead of court — then plain old litigation is the answer. This is the full lawyer-judge-jury setup that can result in a settlement or verdict. One advantage to litigation is that it requires all evidence be disclosed on both sides. If you think your opponent is hiding evidence, then litigation may be a good path for you. Of course, this all varies from case to case. Speak with a commercial litigation lawyer to figure out if going to court really is in your best interests or if you should choose another option. Visit websites like http://www.vanblk.com for more...

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Are You Getting Pushed Around By Your Home Builder? Call A Lawyer Fast

Posted by on 3:18 am in Uncategorized | Comments Off on Are You Getting Pushed Around By Your Home Builder? Call A Lawyer Fast

If you are in the process of building a home and you’ve noticed that the builder has started changing what materials they use for the structure of the home, you will want to take your building contract to a lawyer. It’s important to make sure that you get what you were told you would have for the home and that you are getting what you pay for. Go Over Materials            If you were told you would have granite or hardwood and energy efficient windows, but you are now being charged more or the materials aren’t what you expected, you want your lawyer to make sure you get what you wanted at the original amount you agreed to pay. Your lawyer will go through the building contract to make sure all the materials match up with the expense you’re being charged and with what you are expecting. Look at Closing Costs and Permits You could be over paying for the closing costs and the permits involved with the build of the home. Your lawyer will look through the closing costs, and you shouldn’t be paying for everything. The builder should be paying for some of the costs associated with closing, and your lawyer will see if the builder is trying to markup the costs of the permits. Set the Closing Date It isn’t uncommon for a house to get delayed during the building process and for the closing date to get pushed back. But you want to make sure that the builder doesn’t take advantage of you and put other houses in front of yours when it comes to their priorities. Your lawyer will make sure your builder sticks to the dates that they gave you, and the lawyer will change the document to have penalties if they are late.   When you agree to build a home with a builder, it can be difficult to understand all the details of the contract and to know that you are getting what you pay for when it comes to materials. Hire a lawyer to go over the information so you know you aren’t getting taken advantage of by the building company that you chose to use and so you are sure to get into your home when you need to get in. The builder will know you are serious about getting the project completed, and completed as you expected, when you hire a...

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Three Things You Must Disclose On Your Divorce Paperwork

Posted by on 6:27 am in Uncategorized | Comments Off on Three Things You Must Disclose On Your Divorce Paperwork

When you are going through a divorce, especially a very contentious proceeding, you are stressed and it’s easy to forget the little things. Divorce paperwork may seem complicated, but it is merely a matter of reading the documents thoroughly and providing all of the information the court needs. When you fill out your financial disclosures for the purposes of spousal support or child support, you may forget to disclose some types of income. This can get you into a lot of trouble with the court. When you fill out your financial paperwork to accompany your divorce petition, don’t forget to disclose the following three things. Educational Income This area gets some individuals in trouble. If you have income from any educational source, such as the Department of Veterans Affairs Montgomery GI Bill, this must be disclosed to the court. It may or may not affect the amount of spousal support or child support you are awarded, but it still must be disclosed. This is especially important if the benefits you receive are based on your spouse’s service to the nation. Investment Income Investment income is another area that is sometimes missed. If you have stock dividends or other investment income that you expect to receive, you need to disclose this to the court. Unless it is a substantial amount, it won’t affect your judgment for support, and you may not think it is worth mentioning, but it is always best to disclose all information so you don’t give an appearance of trying to conceal assets. Grants and Other Income If you are expecting to receive a grant for educational purposes, for a small business that you currently own or are expecting to start, or for any other purpose, this must also be disclosed to the court. During the divorce proceedings, the judge needs to have a full picture of your financial situation, as well as your spouse’s, so a fair judgment can be made. If you choose to conceal any type of income, you may get more money at the start, but once the concealment is discovered, the monetary sanctions the court imposes on you will wipe out any extra money you received from your former spouse. Divorce paperwork can be confusing, especially if you are distraught over your divorce and don’t have much familiarity with legal proceedings. You don’t have to hire someone to represent you, but you can seek assistance with completing your divorce paperwork and navigating the court...

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Divorce Leading To Parental Alienation? Here Are 4 Steps You Can Take To Remedy The Situation

Posted by on 9:52 am in Uncategorized | Comments Off on Divorce Leading To Parental Alienation? Here Are 4 Steps You Can Take To Remedy The Situation

If you’re involved in a heated custody battle, you want what’s best for your children. Unfortunately, not all parents feel that way. Some parents—for whatever reason—simply want to maintain control of the situation. That’s where parental alienation comes in. If your ex is working to undermine the relationship you have with your children, don’t give up. There are ways that you can work to combat the situation. However, it’s important that you do so in a positive manner. Here are four steps you can take if you’re the victim of parental alienation. Don’t Adopt the Behavior  If you’re the victim of parental alienation, the last thing you want to do is adopt the disruptive behavior. You might be tempted to try and help yourself by pointing out your ex’s flaws. However, that’s also a form of parental alienation. Instead, continue behaving as you normally would. Let your kids see that you’re not bothered by what’s being said about you—even if you are. Be Consistent If you’re ex is trying to paint you in a bad light to your kids, don’t give them the ammunition they need to “prove” their point. Be consistent. Be on time to pick up your kids, and always follow through with the plans you make. The first time you’re late, or have to switch plans, your ex may use it as a way to prove that they’re right about you. Reach Out If the parental alienation has reached a point where your children no longer want to spend time with you, continue to reach out. They may not want contact with you now, but someday they may reach out to you. Continue to send cards and letters—even if you know they’ll be intercepted. Keep a journal and outline each time that you tried to reach out. This information will be important to your kids when they finally do approach you. Gather a Team If you’re struggling to overcome parental alienation, you need to know that it’s a battle that can be won. To be successful, however, you’re going to need a team of professionals who understand the struggles you’re up against. When gathering your team, be sure you choose attorneys and counselors who have experience dealing with parental alienation. If you’re going through a divorce, and you’re the victim of parental alienation, so are your children. The information provided here will help you protect your rights and the rights of your children. For further information about parental alienation, be sure to speak to your attorney (such as John D...

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Plan To Return To Work After Bypass Surgery? Don’t Cancel Your Disability Claim Yet

Posted by on 7:32 am in Uncategorized | Comments Off on Plan To Return To Work After Bypass Surgery? Don’t Cancel Your Disability Claim Yet

If you file for disability benefits after having bypass heart surgery but now change your mind and plan to return to work after your recovery, you may wonder if you should cancel your disability claim or allow it to go through. Canceling your claim may not be the best idea right now. Unless your doctors give you a clean bill of health, it’s a good idea that you wait to see if your heart surgery is successful. Here’s why you shouldn’t cancel your disability claim just yet. Why Shouldn’t You Cancel Your Claim? Keeping your claim open may actually benefit you instead of hurt you. Although most coronary bypasses prove successful for patients, some individuals may experience complications afterward, including infections, bleeding and blood clots. If you need additional treatments to overcome your problems, it may take you longer to recover overall. Not having some kind of financial help to keep you afloat during your extended recovery may create stress in your life that can potentially affect your health.  The Social Security Administration, or SSA, will allow you to return to work after your extended recovery period ends through a program known as “trial work period.” The trial allows you to work up to nine months and still receive disability benefits. After the trial completes, the SSA will re-evaluate your status to see if you can continue receiving benefits. If your doctor states that you are well enough to work without issue, the SSA will generally discontinue your benefits. But if you still need treatment or experience heart complications that limit your ability to work full time or certain hours, you may continue receiving your benefits. It’s a good idea that you hire a Social Security Disability attorney to help you with your case. What Can You Do to Continue Your Claim? One of the things you might do is meet one-on-one with a disability lawyer. An attorney will most likely monitor your medical treatment during your case. They may submit medical documentation that shows the status of your treatment, including any subsequent heart surgeries, therapies and medications you receive to manage your condition. Although you can do these things yourself, it may be stressful on your during your recovery. Also, bring copies of your original claim filing so that an attorney can go over it and examine it for errors, such as incorrect dates or unanswered questions. If you’re still in the hospital and can’t attend an in-person appointment, an attorney may come to you. This is something you must discuss with an attorney over the phone, or you may ask a spouse or guardian to speak for you. For more details about your claim, contact a disability attorney, like Paul F Guthrie, as soon as you...

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What Can You Do If Your Boss Is Discriminating Against You Because You Are Pregnant?

Posted by on 7:01 am in Uncategorized | Comments Off on What Can You Do If Your Boss Is Discriminating Against You Because You Are Pregnant?

When you learn you are having a baby and tell your boss about it, you may not expect to be treated any differently as long as you continue to perform well at work. However, as time passes, you might start to notice that your boss tries to change the scope of your duties or put you in a less prominent position with clients. You may not be given a promotion you were promised. It may dawn on you that you’re being discriminated against because of your pregnancy, but you might not know what to do next. Here’s what you should do next. 1. Take Notes Every time that something happens where you suspect you’re being treated differently than other employees, write it down. Anytime your boss makes a remark about how you can’t handle certain work projects or gives projects of yours to someone else for seemingly no reason, write it down and make sure you add the date to your notes. If you ultimately decide to take things further, having specific examples of what was said and done can be helpful to back up what you say. 2. Talk to Human Resources When you finally make a decision to report your boss’s behavior to someone, your first stop should not be to other employees, but to the human resources department within your company. Different companies have different ways of handling discrimination claims, but you might want to type up a written statement that contains information from your notes about how you have been treated. The human resources department should investigate by talking to your boss and others. At this point, you might start to feel afraid that you could lose your job. In most cases, that will not happen. There are laws that offer you protection as someone who has been unfairly targeted. 3. Go to the Local EEOC If things don’t change as a result of your visit to the human resources department, you can head to the local chapter of the EEOC (Equal Employment Opportunity Commission). You can’t skip the HR department and go to the EEOC, as they generally require that you have already tried taking action within the company before getting involved. If the EEOC finds that you have grounds for a complaint, they will begin their own investigation on your behalf. If they can see clear evidence that you’re telling the truth, they can help you to resolve the problem or even file suit on your behalf. 4. Sue Your Boss and/or Your Company The EEOC’s investigation may turn up nothing concrete in its investigation. In that case, your last option is to sue your boss and/or your company. You’ll need to retain the services of a discrimination attorney so you can build a strong case that can...

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3 Changes In Illinois Law That Can Impact You And Your Children During And After A Divorce

Posted by on 9:09 am in Uncategorized | Comments Off on 3 Changes In Illinois Law That Can Impact You And Your Children During And After A Divorce

If you and your spouse have decided that the best choice for the two of you and your children is to end the marriage, it is important to be aware of new laws in Illinois that can impact divorces in that state. For instance,the existence of child custody as it has functioned for many years will change radically. If you or your spouse will be filing for divorce in the near future, it will be in your best interests to be aware of the following changes to Illinois law. #1-Expect A Detailed And Unique Parenting Plan That Both Spouses Must Agree To In recent years, it was common practice to either be bound by a standard custody order or to create one that was appropriate for the children and acceptable to both parents. It would then be agreed to and ordered by the judge prior to finalizing the divorce and custody decisions. Now, divorce law includes 17 different decisions that must be agreed to by both parties, including religious, educational and extracurricular activities for minor children. In addition, unless both parents will have access to each minor child’s academic, medical and dental records following the divorce, it will be helpful to confer with your local divorce attorney as to how that can be done. #2-You Will No Longer Be Allowed To Move More Than 50 Miles Away With Your Children Another change that went into effect January 1, 2016, relates to your ability to relocate with your kids after the divorce. While you previously had the option to move anywhere in the state of Illinois without needing permission from the courts or your former spouse, you are now limited to being able to move just 50 miles within the state with the consent of the other parent. If you are moving across state lines with the approval of your former spouse, you can only do so up to 25 miles from your current home. #3-Neither Spouse Will Have Custody It is important to note that no-one who filed for a divorce in 2016 will be able to get custody. Instead, it will now be known as an allocation of parenting time and responsibility. It will include the 17 different points that were previously agreed to by both parents. If either party does not comply with the new order, legal consequences are possible. Although it is thought that removing the word “custody” from legal documents that started in 2016 or later will inspire a more congenial attitude from both parents, it is still possible that defying the agreement could result in criminal charges. As a result, it is crucial to be sure that you understand and agree with each aspect of the divorce and custody agreements. In conclusion, it is crucial to protect your interests and that of your children by working with an experienced attorney when it is time to end your marriage. In addition, it is a good idea to be aware of the information listed above about new laws in Illinois that will impact specific aspects of your divorce and the ways that your children will be parented following the dissolution of your marriage. To learn more, visit a website...

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What Employers Must Know About Disabilities And The Job Interview

Posted by on 8:21 am in Uncategorized | Comments Off on What Employers Must Know About Disabilities And The Job Interview

As an employer, choosing employees is one of your most important job functions. It is crucial to fully understand what you are not allowed to ask candidates when it comes to disabilities. The following is a guide to what you can and cannot ask a potential employee:  What You Cannot Discuss With Job Applicants And Potential Employees There are certain questions that you are not allowed to ask potential employees during a job interview regarding disabilities. You also cannot require a physical examination before a job offer. Specifically, you cannot ask the following questions: Whether or not they will need any accommodations to perform the job. If they have a medical issue that would prevent them from doing the job or limit their capabilities performing certain tasks. If an applicant arrives with an obvious injury, you cannot ask them how long it will take to fully heal. No questions regarding the medications they are currently taking. If you are calling former employers or other references, you are also not allowed to ask them any of these questions. This includes their past FMLA leave, absences due to illness, or any other questions about disabilities. What You Are Allowed To Ask During An Interview You may ask whether or not the candidate is able to perform the job before an offer is made. In addition, you are allowed to ask the following: If he or she can perform the tasks of the job with or without accommodations. How they will perform certain tasks. Whether or not they can meet their attendance requirements. If the applicant uses illegal drugs While you are not allowed to ask former employers about how much time a candidate took off, you are allowed to ask the applicant very specific questions about their missed time from work, such as how many Fridays did they miss other than scheduled time off or during holidays. What To Do If The New Employee Does Not Disclose A Disability Once you have hired the applicant and you notice that they have a disability that they failed to disclose, there are some things you can do. If it appears that an employee will need accommodations to perform the job, you may ask certain questions about what type of reasonable accommodations they would need in order to perform their job. You cannot ask any questions that are unrelated to the job functions or anything that relates to the employee’s disability. If you find out about an applicant’s disability either at the interview stage or after hiring, do not immediately withdraw any offers you have given. You can very likely be opening the company up to a disability discrimination lawsuit. To learn more, contact someone like Bruce K...

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4 Important Things To Do After A Car Accident

Posted by on 5:26 am in Uncategorized | Comments Off on 4 Important Things To Do After A Car Accident

If you are involved in a car accident, it is natural to feel shocked and overwhelmed. Emotional trauma is common because these accidents can have devastating consequences. When you are feeling these emotions, you may not act or think in a rational manner. The best thing to do is be prepared before an accident ever occurs. Below you will find four important things to do if you are involved in a car accident. One: Call The Police It is 100% crucial to call the police as soon as an accident occurs. Even if the accident is minor, the situation needs to be handled by the proper authorities. An article from All About Car Accidents lists the following reasons for calling 911: police can either provide or request emergency medical care police can guard the scene of an accident police can thoroughly document the accident and related injuries Two: Evaluate The Scene After you have called 911, take some time to evaluate the scene. By evaluating and documenting the accident, you can have as much accurate information as possible. Consider doing the following: taking photos of the accident scene with your cell phone taking photos of your injuries collecting the names and contact information from other drivers, pedestrians, and witnesses writing down license plate numbers and the make and model of cars involved If your injuries are moderate to severe, you may be unable to do these things. Fortunately, you can get an official copy of the police report from a local police station. This is a wise thing to do even if you evaluate and document the accident. Three: Seek Medical Attention Going to the hospital or seeing your physician is crucial. This is important to do whether or not you have visible injuries. In some instances, injuries do not appear for days or weeks. For example, some people experience whiplash two weeks after their accidents occur. Ask your physician for documentation of your injuries and your overall visit. Four: Contact A Personal Injury Attorney If you are the victim in a car accident, it is in your best interest to seek legal assistance through a place like Gomez May LLP. The insurance company of the person or persons responsible for the accident are supposed to cover your expenses. However, insurance providers may not give you adequate compensation to cover medical expenses, car repairs, and more. Additionally, the driver who caused the accident may not have insurance at all. Contacting a personal injury attorney is a good way to determine whether or not you should file a compensation claim. These attorneys help accident victims explore their options and pursue financial restitution. Make sure to bring any photos, police records, or medical documents when you consult with an attorney. This will help them decide what the best course of action is for you....

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How Adultery Will Impact A Divorce Case

Posted by on 6:37 am in Uncategorized | Comments Off on How Adultery Will Impact A Divorce Case

For some couples, adultery is the reason they file for divorce. For others, infidelity occurs during the divorce proceedings while the couple is still legally married. How adultery will impact a divorce case can vary from state to state and case to case.   When The Affairs Costs Money In the event that a spouse spends a large amount of money on the person they are having an affair with, the betrayed spouse could be due compensation. The amount of money spent and how (or on whom) it was spent will need to be definitively proven. What if you cannot definitively prove the monetary cost of the affair? It is possible to build a case around reasonable doubt, but only a lawyer will know whether such a case can be won. When The Affair Impacts Children Regardless of the state you live in, adultery has little effect on child custody. As long as the parent is a good parent, the fact that he or she cheated on their spouse has little impact on the custody side of a divorce case.    What if the affair negatively impacts the child? If the child was exposed to the sexual nature of the infidelity, it could be pleaded that the offending parent is unfit and knowingly traumatized their child by having sex in front of or nearby the child. Divorce Settlements and Infidelity In a handful of states, fault is a factor in divorce proceedings. If the grounds for divorce are adultery, then the spouse at fault for the infidelity could land on the losing end of the divorce case. In such cases, settlements and division of assets can go in favor of the spouse who remained faithful.   No Fault Divorce Cases In most of the United States, divorce cases do not pinpoint fault, and it is irrelevant in a divorce case. If adultery is involved and the act caused the innocent spouse or their child to experience unnecessary physical, emotional, or financial burden, there may be grounds for the infidelity to impact the settlement or division of assets. Seeking Proper Legal Aid Divorce is a messy business. It is best navigated by legal professionals who are intimately familiar with local and state laws. While you can opt to represent yourself during a divorce case, it is best to hire an experienced attorney (such as one from http://www.austinlrs.com). The act of adultery does not have black and white legal ramifications on divorce cases. But it can sometimes impact the negotiations of settlements, especially when the cheating spouse feels guilt in the wake of their...

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