Articles Of Law

posted by Admin on Jan 30

Certain circumstances required that an employee take a certain amount of time off of work. However, the family and medical leave act has been put into place in order to protect employees from losing their jobs due to taking a leave under special circumstances. However, there are special guidelines that specify who is and who is not eligible for paid or unpaid leave.

What are the guidelines of the Family and Medical Leave Act?

An employee may take a leave of absence under certain circumstances without the risk of losing their job as long as they:

• Have been employed with the company for one year or more with a company consisting of 50 or more employees.

• Along with the one year of employment, the employee would have had to work a minimum of 1250 hours within that year.

What are the circumstances for family and medical leave?

Circumstances for which an employee and made take a leave of absence while still retaining their job include:

• Taking a leave in order to care for a newborn, or adopted, child of the employee.

• Taking a leave of absence in order to care for an immediate family member such as spouse, child, or a parent, who has been diagnosed with a “serious health condition”

• Taking a leave of absence due to the employee’s inability to perform their work because they have been diagnosed with a “serious health condition.”

What are the rights to the employee?

While every situation is different the family and medical leave act provides a certain level of benefits and security to those who need to take a leave of absence. If an employee who takes leave of absence qualifies under the FMLA’s guidelines the benefits they include are:

• When the employee returns they will be able to continue in the same position as when they left, if that position has already been filled, the employer has to provide the employee with a position that is as equal pay and benefits as the previous position.
• When the employee returns to work they are entitled to restoration of all benefits they had before going on leave.
• When the employee returns the employer does not have the right to denying or interfere with the employee’s rights under the Act.
• The employee is allowed to exercise their rights under the Act without any retaliation from the employer.

Further Related Legal Information: For more help related to Family and Medical Leave please visit the The Shavitz Law Group, P.A. Website.

posted by Admin on Jan 30

There is an increase in illegal activity regarding offshore accounts in an attempt for taxpayers to evade and violate tax laws. While certain foreign accounts are legal, some taxpayers take illegal measures to mislead the IRS into believing the monetary profits are legal. However, the IRS is offering options to help violating taxpayers avoid prosecution and lower the rate of illegal activities.

Voluntary Disclosures

When a taxpayer purposely tries to deceive the IRS and government by violating the tax laws, they put themselves at risk for prosecution. The good news is that they can steer clear of prosecution by reporting their previous violations themselves to the IRS before an investigation begins, which is known as the Voluntary Disclosure Program. While this is a beneficial option, it does not guarantee that the taxpayer will not be submitted to the Department of Justice for criminal prosecution.

However, there are stringent rules and regulations regarding this program.  It is the taxpayer’s duty to offer full cooperation during the time their case is being reviewed. There is also an evaluation of the taxpayer’s eligibility and this program usually applies to a taxpayer who:

• Only received legal income;
• Voluntary discloses the information before an investigation begins;
• Satisfies their tax debt in full or makes an installation agreement;
• Fully and voluntarily reports the violation to the IRS;
• Files a truthful return and/or cooperates with the IRS in ascertaining the accurate tax accountability.

The benefit to this program is that along with individuals, all entities such as corporations, trusts, and partnerships are eligible.

Offshore account / Foreign Bank Account Reporting (FBAR)

Many people are under the impression that having foreign bank accounts is against the law; however this is a false belief. It is legal as long as the taxpayer has valid grounds for having a foreign bank account.  Although foreign bank accounts are legal, choosing to hide these assets and to not disclose this information to the IRS is illegal.

Anti-Money Laundering

There is a set of laws and regulations that require any type of financial institutions to report and put a stop to money laundering activities known as anti-money laundering.  When an institution tries to mask monetary profits from illegal activities as appearing to be legitimate is known as money laundering.  This is done by concealing the illegal origins through levels of intricate transactions such as wire transfers and a sequence of deposits and withdrawals to a variety of banks. The last step in this process is including the funds into movement in the mainstream economy by an apparently legitimate explanation for the dishonest profits.

International Tax Disputes

The IRS has been dedicated to renewed efforts to trail international violations that businesses and individuals attempt to violate. The IRS is prepared to address the widespread abusive tax evasion acts through the use of civil audits, criminal investigations, and prosecuting the offenders.

Additional Legal Guidance: Virginia Tax Lawyers, the Thorne Law Group Serving Virginia and the US.

posted by Admin on Jan 28

Wrongful death cases can often be long and drawn out. Finding exactly who caused a car accident is not always plain and simple, particularly when alcohol is involved. Airplane crashes, due to their nature tend to take particularly long to reach settlement. There are usually many people and agencies involved.  Medical malpractice suits can also take a long time as medical experts are brought in. Product liability cases can also be drawn out and is important to have an expert lawyer to represent you.

While many wrongful death cases are settled in the pre-trial stage some go on to a judge or jury trial. Unlike criminal cases, in a civil case the jury does not have to be unanimous, they merely need to reach a majority decision. (In most states)

If you believe you may have a case for wrongful death it is worth consulting a personal injury lawyer who specializes in wrongful death lawsuits. They can advise you on who is eligible to file, and whether they feel you have a likely case. There is nothing pleasant about losing a relative whatever the cause, but you may be able to get the compensation you deserve.

This article is not intended for legal advice.

Supplementary Information: Sarasota Attorneys The Jodat Law Group. Representing clients across the state of Florida.

posted by Admin on Jan 28

DUI is the term used when a driver is under the influence of any substance that alters their state of mind.  If the court proves that you operated an automobile or any other form of transportation while under the influence you will be convicted.  While each state has different consequences for a DUI offense, the usual punishment could include having your license suspended, fines, and possibly jail.  In order to get your drivers license back and maintain a decent record you will need to expunge the DUI from your record history.

How Can A DUI Affect Me?

A DUI is generally unappealing for employers, especially in a position that requires driving. If you have had a DUI placed on your record, you will want to get it expunged as soon as you can so your job applications do not suffer from it.

A DUI on your record will also cause many problems with getting insured. Insurance companies provide coverage based on risk and you may not even be able to get covered. If you do find an insurance company to cover you , you will surely be charged very high rates.

How Do I Expunge A DUI From My Record?

A common belief is that a DUI cannot be completely removed from their records. The good news is that you can. You may be one of the many people who are trying to get their DUI expunged from their records completely in order to avoid it appearing on your background checks.

There are two ways you can expunge a DUI from your record; by yourself or with the help of an attorney specializing in that area. Your best bet is to go with the attorney as they are more experienced.  If you plan on doing it on your own, you will need to take the time to learn how, which is not an appealing idea given the complexity of the issue.

Qualifying For An Expungement

In order to qualify for expungement you will need to meet this criterion:

• A specific length of time required has passed after your arrest and conviction.
• You do not have an other cases pending
• You have not had any past records expunged.
• All of the proceedings were dismissed.
• There was an aquittal.

Finding The Right Lawyer

The first step is to find a lawyer who specializes in expunging records who has a good reputation and high success rate. You will also want a lawyer who specializes in dealing with DUI cases. Another good trait to look for is if they have been established as a breath test operator and can conduct sobriety tests. A lawyer who has this knowledge will have a better time defending the offender and getting their record expunged.

Related Legal Information: DUI Law Firm Dallas Justice. Attorney Michael Lowe serving clients throughout Texas.

posted by Admin on Jan 28

Death is a tragic experience that happens all too often. Unfortunately, there are many deaths that are labeled wrongful deaths. Wrongful death is any death that was a cause of a mistake due to carelessness, malpractice, inaction, or negligence. Examples of wrongful death include medical malpractice, reckless driving, etc.  While some deaths may be accidental, it is the obligation of the person responsible to provide compensation for the family members and victims of wrongful death.

What Do I Do Now?

After the incident you feel is labeled as wrongful death, you can file a wrongful death lawsuit as long as you are a relative of the victim. If you win one of these civil suits, you can receive compensation for the losses you have suffered due to this incident.  This reimbursement may cover expenses such as medical, funeral costs, lost wages and benefits, pain and suffering, emotional suffering, etc.  In order to sue for punitive damages you will need to prove there was malicious intentions.

When it comes to filing the wrongful death lawsuits, only the immediate family members can file such as parents, spouses, and children of the victim, simply because they are almost always eligible to file. If the immediate family member is a minor, they will need an adult guardian to pursue the claim all the way to court. The adult guardian can be a stepparent, grandparent, and any other adult caring for the minor filing the claim.

What Are The Legalities?

In the U.S. the law is that after a certain timeframe the claim may not be eligible and will be discarded. The immediate family generally has up to three years to at least initiate the lawsuit. If the family fails to file the lawsuit within the given timeframe it may be thrown away forever.  That is why it is vital for the family member of the loved one lost to act in a timely manner.

Should I Get A Lawyer?

When you come to the conclusion that you have a substantiated wrongful death lawsuit you will want to at least consult with a lawyer in your area. This will at minimum get any advice necessary to move forward. They will be able to help you understand the legalities of the situation, gather pertinent evidence, file any paperwork involved, and will help you build a credible case against the person responsible.

The untimely and shocking death of a loved one is a terrible tragedy to suffer. This is why there is the option of filing a wrongful death lawsuit against the person who has suffered. However, if you are going to file a suit against someone you want to go about it in the right way.  Make sure you have valid proof that there was an error; this especially is true for medical malpractice. Filing a lawsuit based on circumstantial evidence can have undesired effects and if there truly was an error justice and reimbursement for losses is important.

If You Would Like To Know More About Wrongful Death Please Visit The Barber Law Firm Site. Serving All Of Texas.