employment – Page 2 – Laws Regulations

What remedies are available to prevent further domestic violence?

Warning: Zend OPcache API is restricted by "restrict_api" configuration directive in /srv/users/serverpilot/apps/lawslookup/public/wp-content/plugins/tubepress/vendor/tedivm/stash/src/Stash/Driver/FileSystem.php on line 253

Warning: Zend OPcache API is restricted by "restrict_api" configuration directive in /srv/users/serverpilot/apps/lawslookup/public/wp-content/plugins/tubepress/vendor/tedivm/stash/src/Stash/Driver/FileSystem.php on line 253

Remedies Domestic Violence2 Domestic Violence

What remedies are available to prevent further domestic violence?

Upon petition to the court, temporary or lengthy restraining orders (also referred to as “protective orders”) may be issued. Orders issued in a domestic violence case may include:

that the restrained person shall not contact, contact, attack, strike, threaten, batter, telephone or otherwise disturb the peace of the protected person

that the restrained person shall immediately move from the residence shared with the protected person

that the restrained person shall stay at least 100 yards away from the protected person, the protected person’s residence, and the protected person’s place of employment

that the restrained person is ordered to participate in batterer treatment counseling and to return to court with proof of completion of such a program

that the restrained person is prohibited from purchasing a firearm

Other people, such as children and other family members who reside in the same residence, may be included with the protected person so as to reduce the potential for harm by the restrained person.

What is domestic violence?

Domestic Violent Domestic Violence

What is domestic violence?

Domestic violence is a crime committed by a person against someone who is in an intimate relationship with the victim, has been in an intimate relationship with the victim, or lives in the same household as the victim. The exact definition of domestic violence varies somewhat from state to state. The term traditionally referred to violence by one spouse against another, usually by a husband against a wife. The meaning has been extended in many states to include children, parents, siblings, same-sex partners, and members of the same household.
The crimes committed in domestic violence include assault, battery, homicide, stalking, and rape. Domestic violence is sometimes defined as a pattern of intimidation that a present or former spouse, intimate partner, family member, member of the same household uses to control another. For example, if a domestic partner keeps track of all the activities of the other partner, follows the partner, repeatedly questions him/her about infidelity, and uses implied or direct threats to restrict when the other partner leaves the home, this might be enough to constitute domestic violence in some states. Most often domestic violence takes the form of actual battery of the victim, from mere pushing to slapping and punching, to kicking, cutting, and burning. The victim might be a child, an adult, or an elder.

(Reviewed 12-08)

is abuse between family members or related persons. Domestic violence may come in many forms: actual physical abuse, threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at a place of employment, stalking, and other forms of dominance and control. Domestic violence is distinguished from other kinds of abuse because of the special relationship between the persons. Domestic violence cases may be treated differently than cases of civil harassment because of the interpersonal relationships involved. At least one of the following relationship tests typically must be met in order to qualify a matter as a domestic violence case:

the parties are married now or were formerly married to one another

the parties are related by blood, marriage or adoption

the parties are currently or were formerly living together

the parties have now or used to have a dating or engagement relationship

the parties have a minor child in common

In some states, there does not have to be actual physical violence between the parties; emotional abuse or fear of physical harm is sufficient to qualify as domestic violence.

Texas Divorce & Finances

Texas-Divorce-Finances Divorce Law

Texas Divorce & Finances

Separating the intricacies of joint finances during a divorce can be complicated. How do you divide property? What are the tax consequences? Are there estate planning issues that need to be addressed? Will you pay spousal support, and if so how is the amount determined? Following are some laws specific to Texas Divorce and Finances.
Texas Property Division/Community Property/Debts:
Texas is a community property state. For an explanation of community property rules and the division of property in community property states, see Dividing Up Property in a Divorce: Community Property vs. Equitable Distribution. Courts can give more property to an innocent spouse in a divorce action based on fault. For the meaning of fault, see The Divorce Process: From Separation to Final Judgment.
Texas Spousal Support:
In Texas spousal support is called maintenance. This is a regular amount of money that a court orders a person to pay to a former spouse after a divorce. Whenever the court issues a decree for divorce, the court may also issue an order at that time that either the husband or wife pay maintenance for the other spouse.
This amount and the length of time it will be paid are determined by agreement of the parties or the decision of the court. A court’s decision will be based upon factors such as financial resources; education and employment skills; duration of the marriage; earning ability; and childcare.
A spouse is usually eligible for maintenance only if the marriage lasted 10 years or more, unless the spouse from whom the maintenance is asked has been convicted of domestic violence in the past 2 years. In either case, maintenance is not usually granted for more than 3 years.
You may need a lawyer to help you deal with the financial aspects of your divorce if you and your ex cannot agree. You can find a lawyer at:
Texas Divorce/Child Support/Child Custody Lawyers:
Find an experienced Texas Divorce Attorney at AttorneyPages.com
Find an Experienced Texas Child Support & Custody Lawyer at AttorneyPages.com
Post your case to a Texas Divorce Lawyer
How a Family Lawyer Can Help
Texas Divorce Laws: Click below to find the Texas Divorce laws you’re looking for:
Texas Divorce Law, Lawyers & Attorneys
Texas Divorce & Separation
Texas Divorce & Children
Texas Divorce Resources & Statutes

An employee is leaving. How can I be sure he/she won’t take any trade secrets?

Employee Trade Secrets Employment Law

An employee is leaving. How can I be sure he/she won’t take any trade secrets?

There is no easy way to prevent such conduct, especially if precautions have not been taken in advance. Require your employees to sign employment agreements wherein they agree to maintain the secrecy for all of the organization’s trade secrets. Also, consider a covenant not to compete that has geographic scope and duration limitations. Such terms should be included in an initial employment agreement entered into at the start of the employment relationship. While it may not be easy to go back and add these terms, because there must be adequate consideration in exchange for these post-employment obligations, if you will be paying the employee anything more than you absolutely legally owe him or her, you may be able to condition the “bonus” on his having signed an agreement to maintain the trade secret as confidential and to provide you with written assurances that he or she no longer has any proprietary or trade secret material. Your employment law attorney will probably want to discuss that with your intellectual property attorney.

(Reviewed 9-08)

Citizen Engagement Foreigner – I am a U.S. citizen and I am engaged to a foreigner. How can I bring him/her to the U.S.?

I am a U.S. citizen and I am engaged to a foreigner. How can I bring him/her to the U.S.?

If you are a U.S. citizen you can file a K-1 fiancée petition to the INS. In the petition, you, as a U.S. citizen, must document that you in fact are a U.S. citizen; that the couple have met in person within the prior two years; that both are free to marry; and that the couple will marry within ninety days of the foreign fiancée’s entry into the U.S.

Upon approval of the INS petition, the foreign fiancée will go to the U.S. embassy/consulate in his/her home country and apply for a K-1 visa. Upon issuance, the fiancée will enter the U.S. and will be given automatic employment authorization for a period of 90 days. After the couple gets married, the alien should file the I-485 application for permanent residence.

Click for an article on the fiancée petition.

Harley Davidson “Wobble” Lawsuits Are Expert Intensive

Harley Wobble Lawsuits Expert Intensive Defective Products

Harley Davidson “Wobble” Lawsuits Are Expert Intensive

Lawsuits dealing with the Harley Davidson “wobble” – a condition that causes the rear of a motorcycle to sway or wobble – can require the use of various types of experts due to the complexity of the issue. We asked
Kevin Liebeck, a California attorney whose practice represents plaintiffs in personal injury, medical malpractice and products liability actions, to explain the issue and provide examples of the types of experts that might be needed.
Harley wobble / death wobble / rear steer
These are all phrases that are being used to describe the problem with some Harley Davidson motorcycles. Liebeck says that the issue is basically a problem in the manner in which the engine is mounted into the frame and is constrained within the frame from motion. He explained, “The reason this presents a problem is because the swing arm, the rear suspension member of the motorcycle which is the pivot point, is mounted to the aft end of the transmission on these Harley-Davidson motorcycles. If the engine is not constrained in all three axles, you can develop an elastic relationship between the swing arm and the frame of the motorcycle.”
A recipe for disaster
There are other variables that can exacerbate the Harley wobble. Liebeck told us, “We’ve seen instances of the cruise controls on these bikes sticking. That’s a big problem. In addition, a lot of these motorcycles have saddlebags and touring packs, which are similar to a three piece luggage set. One sits over the rear wheel and then there is a bag on either side of the bike. They’re made for those who are driving long distances and these bags are often packed full. The weight of the bags in relation to the wobble issue can be a recipe for disaster.”
Why experts are needed
These types of cases are very, very expert intensive, according to Liebeck. He provided examples of the types of experts that might be needed and why:
Engineers. We’ll generally need one or more engineering experts that are able to testify as to the design, the problems with the design and why it is that these situations occur.
Civil engineers. We may need a civil engineering or road expert of some sort, depending on where the situation occurred and under what circumstances, to tell us whether or not some problem with the road played any part in the accident. I would actually use the term ‘incident’ instead of ‘accident’ as the latter suggests that nobody could have seen this coming – which is not the case here.
Private investigators. We may need to hire a private investigator to track down people who may have been witnesses to the incident.
Physicians. We are going to need physicians as experts who are able to testify as to exactly what physical injuries a person has sustained, what the prognosis of those injuries are and what future surgeries or other treatments may be necessary.
Life care planners. We’re going to need a life care planner who is able to determine what the cost of all that future medical care is going to be.
Economists. We’re probably going to need an economist who’s going to be able to offer an opinion of what kind of past and future wage loss this person has sustained.
Employment experts. We may also need an expert on employment issues, i.e., what sort of retraining this person might be qualified to receive if they’ve been rendered unable to do their job as a result of the incident.
It’s not a simple task, according to Liebeck, who said, “You really have to be able to marshal a whole lot of evidence to put this thing together, position the claim correctly and get all the evidence you need to prove your case.”
If you’ve been injured on a Harley Davidson motorcycle, contact an motorcycle accident attorney whose practice focuses in this area of the law. Consultations are free, without obligation and are strictly confidential.

What is a hardship discharge in a Chapter 13 bankruptcy?

hardship discharge consumer bankruptcy

What is a hardship discharge in a Chapter 13 bankruptcy?

There are limited circumstances under which the debtor may request the court to grant a “hardship discharge” in a Chapter 13 case even though the debtor has failed to complete plan payments. Generally, such a discharge is available only to a debtor whose failure to complete plan payments is due to circumstances beyond the debtor’s control, and through no fault of the debtor, after creditors have received at least as much as they would have received in a Chapter 7 case and when modification of the plan isn’t feasible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge.

Consult with an attorney in order to determine if a hardship discharge makes sense in your individual situation different bankruptcy judges across the country apply different standards as to what “hardship” means. Your attorney will know how the bankruptcy court in your area views “hardship.”

(Reviewed 11.14.08)

Continue reading “What is a hardship discharge in a Chapter 13 bankruptcy?”

What is disposable income for purposes of Chapter 13?

disposable income consumer bankruptcy

What is disposable income for purposes of Chapter 13?

In determining how much you have available to pay your debts for purposes of Chapter 13, the courts will apply living standards specified under IRS National and Local standards to determine what is reasonable to pay for food, clothing, rent, housekeeping, and so forth. Whatever is left over from your net income after required payroll deductions and allowable expenses after applying the means test formula is disposable income. Put another way, it is the amount of money you have at your disposal to be eligible to file a Chapter 13 repayment plan.

Social security benefits, payments to victims of war crimes or crimes against against humanity, and payments to victims of terrorism (i.e., World Trade Center victims) are not counted. An issue sometimes arises about whether income from non-employment sources, such as family and friends, or income from seasonal work, should be counted. Issues frequently arise about whether certain expenses should be counted in determining disposable income. Resolving these issues generally requires the advice of an experienced bankruptcy attorney.

(Reviewed 11.14.08)

Continue reading “What is disposable income for purposes of Chapter 13?”

I’m in a Chapter 13 plan and I was just laid off. What will happen?

chapter-13-and-being-laid-off consumer bankruptcy

I’m in a Chapter 13 plan and I was just laid off. What will happen?

Usually, the court will convert the Chapter 13 to a Chapter 7. In some cases the case might be dismissed, especially if the court believes the layoff was voluntary. It’s possible, but extremely unlikely, that you could get a “hardship discharge” if you were near the end of the plan and the unemployment rate was high in your area.

Continue reading “I’m in a Chapter 13 plan and I was just laid off. What will happen?”

Can a person be exempt from liability for property damage?

Exempt Property Damage Legal Remedies General Practice

Can a person be exempt from liability for property damage?

Yes, depending on the circumstances. There are numerous laws which make public entities – such as federal, state, and local governments, immune from tort liability. Employees who are acting within the scope of their employment with a government authority can be relieved of liability by the employer under the doctrine of “respondeat superior” (let the master answer). Under this doctrine, the employer is responsible for the acts or omissions of its employees when the loss or harm occurs while the employee “is on the job” and is performing work that s/he is supposed to be doing. If the employee is acting outside the scope of his/her employment at the time the damage to property occurs, the doctrine of respondeat superior will not protect him/her from liability to the injured party.

If you are seeking recovery for property damage caused by a government employee, try seeking the advice of an experienced administrative & government law attorney.