Articles Of Law

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.

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.

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.

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.

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.

Many people are in car accidents every year.  Many people are aware of steps that need to be taken after an accident, but are often too scared or upset to think of anything less obvious.  If you are not at fault or have been injured, these simple steps can aid in your ability to recover damages.

Always remember to stop immediately.  If you fail to do this, you may be facing criminal penalties.  Stay at the scene on the accident and turn off your car to help protect against fire.  If you have been in an accident at night, make sure oncoming traffic can see you.  Leave lights on or put out flares if possible.  If oncoming drivers are not properly warned, you could be liable for their damages.

If you are not seriously injured, try to assist anyone else.  Call 911 and do not move the person, unless they are in danger of being hit.  After calling the police, make sure to cooperate with the investigation.  It is always smart to write down the badge numbers of all officers involved.  Also, take note of whether the officer is a city officer or Department of Public Safety officer.  If you suspect that drugs and alcohol were involved, tell the officers right away.

Make notes of everyone at the scene.  This includes all parties and witnesses.  Write down names, phone numbers, addresses, and license plate numbers.  Always write down the date and time the accident occurred.  Note the make and model of all vehicles involved.  Never rely on your memory.  It will not be easy to remember the specifics when you are stressed.  Always carry a pen and paper in your vehicle to be prepared for such an event.

THIS ARTICLE DOES NOT CONTAIN LEGAL ADVICE AND WAS NOT WRITTEN BY AN ATTORNEY.

Listing:

Abrahamson & Uiterwyk – Car accident attorneys in Tampa, FL.

Knees are one part of the body that commonly gets injured. Car accidents, sporting injuries, and slip and fall accidents often result in damaged knees. Sometimes this results in little more than a bruise but some knee injuries can cause on-going pain and suffering.

The knee is a rather complex part of the anatomy made up of bones, tendons, ligaments, cartilage, muscle and nerves. This complexity makes the knee particularly susceptible to damage. One of the best ways to avoid knee injuries is to keep fit and if you are involved in sports make sure to warm up and cool down before exercise. Having airbags in your vehicle can also save you from painful knee injuries that often occur in crashes.

If you do not have airbags the chances are quite high of damaging one or both knees in an automobile crash. Depending on the exact type of crash knees can be twisted and jarred, hit dashboards, or even be crushed. Dislocations, breaks and ligament and tendon damage all possibilities. The two most common types of knee injury from car accidents are to the Anterior Cruciate Ligament (ACL) and Posterior Collateral Ligament (PCL) injuries.

Whether from a sporting injury, car accident or slip and fall it is important to seek medical attention if you experience any of the following symptoms:

• Sudden swelling of the knee
• Any loss of sensation below the knee
• Your ankle or foot turns cold
• Anything that looks like a deformity of the bones
• You can’t put weight on the leg
• Severe pain

Additional Legal Support: Jodat Law Group. Assisting individuals with knee injuries in Bradenton, Florida.

Each year 200-300 products are recalled from the market. Each year thousands of people suffer personal injury from defective products. Product liability laws differ somewhat from state to state, but there are three main categories that defective products can tried under and three main types of defects.

Strict Liability

It is assumed in strict liability that the manufacturer of a product has expert knowledge while the consumer does not. If there is a defect in the product that leads to personal injury then the defendant is liable no matter how the injury occurred.

Negligence

As with other personal injury cases the plaintiff needs to prove that the defendant owed them a duty and that they failed in that duty. It is reasonable to assume in most cases that a manufacturer of a product had a duty to sell a safe product. If the product was unsafe did they know or should they have known that it was defective?

Breach of Warranty

This occurs when the ‘defect’ is found in the marketing area, when the consumer has not been warned of potential danger. Within this there are also three areas. Breach of express warranty occurs when the manufacturer breaches their written guarantee. Breach of implied warranty of merchantability occurs when disclaimers have not been used and it is assumed that the product did not have a particular defect. Breach of implied warranty of fitness for a given purpose occurs when the seller is aware of the consumers intended use and relies on the seller to fulfill that purpose.

Additional Legal Site: The Shavitz Law Group. Serving clients in Boca Raton and Miami, FL.

Slip and fall accidents are probably the most common type of personal injuries that occur. They can range from very mild to fatal. For most of us a slip, trip or fall causes little more than a moment’s embarrassment, but there are things we all need to be aware of.

1. While most of us are well aware that we are injured when we fall, there are some injuries that take time to reach their full extent of pain. A mildly broken ankle for example can often not begin to swell and cause undue pain until much later. Many head injuries also can take 4-24 hours for symptoms to set in. The same thing applies to some back injuries. This is why it is important to see a doctor as soon as you realize you may be suffering from more than just a bruised knee or a mildly twisted ankle.
2. Around 70% of slip and fall accidents occur on a level surface. Slippery surfaces are usually caused by poor weather conditions, cleaning, food spills or other items on the ground and poorly maintained paths (moss and lichen). Poorly lit surfaces also often play a role in slip and fall injuries.
3. Over 3,000 children a year visit emergency rooms with slip and fall injuries. Slips and falls also account for 2/3 of injuries to those in the over 65 age bracket. If you have young children or over 65’s in your home or likely to enter your business premises extra care should be taken.

Related Legal Site: Additional information on slip and fall accidents visit WurtzelLaw.com

We all love our pets and having a dog is a genuine pleasure. Nothing is more heartbreaking though than facing a lawsuit or even seeing your beloved pet put down because they have bitten someone or caused an auto accident. The laws surrounding dogs vary from state to state. In some states you may have no protection whatsoever if your dog bites someone. In other states you may be able to defend a case. As a responsible dog owner it pays to know exactly what applies in your own state.

Being a responsible dog owner starts with selection and socialization. Training, health and safety issues all integrate to keep your pet happy and safe so you never have to face a personal injury lawsuit.

Selection

No one can make the decision for you as to which breed of dog to keep. If you live in a state where certain dogs are deemed ‘dangerous’ think carefully about selecting one of them. You are putting your dog at some risk and you need to be sure that you understand the breed and are a competent owner and handler. Most vets agree that the breed has little to do with any particular dog’s inclination to attack, but some states do not agree. If you select a puppy you have the advantage of giving your pet the best possible upbringing, but it does take time and care.

Socialization

Puppies should be socialized with both other dogs and with people from an early age. Puppy schools can be great for this, or simply read up about it and make sure your adorable puppy becomes well socialized. If you are taking on an older dog, be alert for any signs of poor socialization and speak to a professional to rectify any fears or aggressions your dog may have.

Additional Legal Web Source: SearcyLaw.com. Serving clients in Tallahassee and Miami, FL.