Thursday, October 4, 2007

Pace of Social Security

If complexity has its way of having a personified form even, then Social Security Laws would be the face thereof. The complexity of Social Security Laws even transcends the knowledge that legal practitioners and legal luminaries are actually equipped. Hence, it takes not merely general practitioners of law that could handle the rigors of Social Security Laws, but experts on such field of law, who have mastered the subject matter in all its intricate detail.

If this apparent complexity is already available to even the most intelligent minds, imagine how drastic it would be if you have a Social Security Claim, and you have to file it on your own lonesome. Can you hear the bells of denial ringing by your ear-side, well if you do, then good because you need to expect it. Denial of your claim would be the inevitable effect of dealing with this situation on your own. But do not worry even lawyers of age and experience have been recipients of such decisions, what to do next would be the most vital part.

True, the process of filing for a Social Security claim is a tedious process. A pace so slow it would give the value for your money when it comes to testing your patience and your continuous perseverance. It would normally take a period of three years before a first instance resolution can actually be obtained for your case. But what about the system of Social Security that brings about such a long, dragging, tedious wait?

Social Security Administration operates like that of our courts, where claims for the protection of rights, or the promotion thereof is filed by the hundred thousands everyday. Thus, a consequent result, with the scarce personnel in the Social Security Administration to determine the validity of a claim is that the dockets of the Social Security Administration are actually clogged, justifying its slow, snail-paced determination of whether or not a right should be provided.

Clogging the dockets of our Social Security has been one of the primary goals of any state, and even any federal government we have so far. Moves in privatizing the Social Security for a more efficient way of running the program has also been elevated as an argument in solving this problem on slow determination. Red tape and bureaucracy remains to be the primary culprit at the end of the day.



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Corporation and Its Juridical Entity

So serious is this goal in fact that man found every ways possible of making his or her relationship and business actions with another individual as organized.

Business organizations have been a common sight in our industrial system and economic arena today. Business organizations have actually played vital roles in the economic system that we deem efficiently run today. There are several advantages in the formation of a business organization these same advantages have actually lured many business enthusiasts in establishing several types of business organizations.

One popular example of a business organization is a corporation. Corporation establishment has been so evident in our present day. Actually, it has been fostered by the Securities and Exchange Commission because of its efficiency brought to exchanges and transactions. A corporation is one composed of several individuals, which upon compliance with all the essential requisites for its formation, already becomes an entity of its own independent from all the other people forming it. Independence meaning that a corporation is already a legal entity having all the rights and privileges as if having an existence of its own.

The importance of a corporation having such a characteristic is that it may acquire properties, file suits, enter into transactions, and have ample resources necessary for its existence. So independent in fact that an officer of a corporation acting on his official capacity as a representative of the corporation and having appropriate authority to do so, cannot be held liable for his acts because his acts are considered as that of the corporation and not his own. This same principle is true as regards the properties owned by a corporation. Any property or financial resource owned by the corporation is viewed as property solely owned by the corporation and not by the persons forming it, notwithstanding the fact that the people forming the corporation are actually the same persons who contributed the same, and vice versa of course.

If you would like to acquire additional information as regards the establishment of a corporation feel free to contact any of our corporate attorneys, all the necessary information as regards the establishment of the same to include documentary and financial requirements, and all the rights and obligations of a corporation upon its formation are available with them.



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Insecurity in the Social Security

The irony of it is that notwithstanding this seeming complexity in the laws on Social Security the claims based on said provisions have been so abundant in our present time. Thus, if you are claiming any benefits under the provisions of the Social Security Law, then you must be an expert to have the same be interpreted for you.

Our legislations have always been viewed as for the interest of that person whose inherent right has been deprived. Notwithstanding such a noble aim, our laws would be considered as mere conglomeration of words if they were not utilized for the real purpose they are supposed to be used. The same is true with Social Security Laws, absent the correct interpretation thereof; these Social Security Laws may be viewed as mere scrap of paper, and marriage of words with no purpose whatsoever.

There are so many experts on the area of Social Security Laws, yet there are only certain experts who are skilled enough to properly interpret and apply such laws. Some experts would drown you with highly conceptualized ideas and confusing techniques in order to keep your attention away from the real issue at hand. Some might even induce you to obtain their services by showing an array of resume that would support their claim.

Yet, when faced with the real problem, because of their lack of skill and apparent guise of seemingly knowing the same they cannot give you the proper solution to your problems, thus, at the end you are left with no option but to look for another expert on the field before your rights get stale and waive altogether.

Social Security Law Attorneys are well aware of this brewing scam and fraud happening in the profession. Social Security Law Attorneys have actually set their eyes on this fact. They are also doing all that are necessary in finding a remedy to solve such illegality from continuing. Your vital cooperation is essential in putting an end to these problems. The law is pure and in fact for the betterment of the society, individuals who are competent and honest enough to handle it must practice it.


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The Will for the Survivor

The untimely and unexpected demise of an individual has so many repercussions that would affect not only the property regime of the deceased but also his successors-in-interest as well. So drastic such event in fact, that it could actually be a subject of a lawful cause of action and be available to the deceased’s living survivor.

The old cliché goes; man could live his or her entire life wishing to find the best way possible of providing at least a good life for the heirs he or she would leave upon his or her death. Such goal would be the primary focus for an individual while he or she is having the rest of his or her young life or what is left with it work. However, it is sad to note, that more often than not, and is usually the case, after he or she has gone to his or her rest, those that are left behind have bigger problems to face which he or she did not expect.

Our laws are not wanting on this respect. Actually, we have all available laws that would cover the disposition of the property of the deceased individual from the moment of his or her death. The only problem would be if at the time of death, particularly when it happens unexpectedly, there are issues or adverse claims on how it must be disposed. In this instance, the help of Survivor Benefits Attorneys would be essential.

Survivor Benefits Attorneys know how an individual’s property must be disposed upon his or her death. The amount of inheritance or legitimacy, the capacity of the successors to succeed, and the law that would govern the disposition of the property are all part of the expertise of Survivor benefits Attorneys. Survivor Benefits Attorneys are aware that the deceased individual has lived his healthy life in the goal of providing the best life for those that are left, hence, what they have the strong will to fight for such last will. Any unnecessary and ungrounded claims should be denied and only those who have ample rights, which are established, must be given what are due them.

The life of an individual is so short, shorter would it actually be viewed if after his or her death he or she would no longer be remembered because he or she has no property left, or even a legacy to be proud about. Avoid the occurrence of such situation contact your Survivor Benefits Attorneys in the earliest possible time.


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Vehicle Accident Settlement

Vehicle accidents involving two cars are bad enough if the collision happens at high speeds. Serious injuries like broken bones, contusions, spinal cord injury and head trauma could even be sustained. Factors also vary. Natural causes like heavy fog, wet or icy road conditions and heavy rain could be a factor. Another could be negligence of the drivers who are sleepy, drunk, too old or just in a hurry to go somewhere that they become reckless resulting in car accidents. Others still could be a result of defective vehicles or poorly maintained vehicles where signal lights or brakes do not work resulting in accidents.

If the vehicles involved in the accident that caused serious injuries are both cars, imagine the damage and injuries that will be sustained if the collision involves a car and a truck or a car and motorcycle or even a motorcycle and a bus. As you can see, any vehicle accident has a tendency of becoming a life changing accident for any person involved.

As with any other accident, claims for damages are rarely simple. In vehicle accidents, there is somebody who is almost always at fault. If you want to claim damages as a victim of the accident, you will definitely have to face the insurance adjuster of the insurance company of the negligent person. If you have been unfortunate enough to be hit by an uninsured motorist, then you have to contend with your own insurance adjuster.

In any event, your claims are usually greatly reduced if not altogether denied by adjusters and lawyers of the negligent party. Even if you hire expert lawyers and your claim goes to trial, protracted litigation could cost you even more in attorney’s fees and the time, effort and stress that goes into litigating your claim.

What you should do in this case is to hire not just any lawyer but expert vehicle accident lawyers who are adept not only in litigating your claims but also possess great negotiation and settlement skills.

Settling your claims could prove more beneficial to you so long as you are sure you are not getting short changed in exchange for a more expedient means of settling your just and reasonable claims.


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The Danger in Elevators

With the end goal of making the travel from one floor to another cut in seconds, to save on time and energy in going up and down stair casings, and in preventing any injury that may be dealt by the use of creepy halls, elevators have been invented, designed, and improved.

Indeed elevators have been essential to the working lives of every employee, particularly those whose office spaces are located on the high floors of a skyscraper. It has made their journey to their work place less tedious and taxing. Yet despite this seeming importance of elevators to the employee’s daily working life, we still hear of news were elevators, which are malfunctioning, or those that do not have necessary precautions for the safety of persons or property that it actually commutes or transports bring about injuries.

One glaring and common example of elevator injuries is those who are actually trapped on the elevator shaft because of a malfunction in the control system or the electronic system of the building. More often than not those that are trapped in the elevator stay their for an hour or so, making them lose important time from work, and worse if the person trapped has fears on enclosed places then he or she would have experienced drastic mental and physical condition for an hour of stay there.

Another example of an injury resulting from an elevator malfunctioning is when the sensors of the elevators are not in any way working. This happens particularly when the elevator opens welcoming people to enter its cabin. The innocent passenger believing that he or she has ample time to enter the elevator before it closes has his one foot in already just to learn that the elevator closes and have his other foot locked between closing doors. This happens not only to body parts but to properties as well. Some important equipment may be locked and destroyed because of the non-efficient functioning of the sensors of the elevator.

Transport from one floor to another has indeed improved. Such advance in engineering and building design is much welcomed. But as they say with advance in technology a part of human life may be sacrificed because of too much dependence thereof. We have nothing against elevators, actually, it is a good invention, it’s just those negligent owners of establishments who despite of having defective elevators still pen them for use, and not give them ample repair. Thus, they should be penalized.


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What you should know about Slip and Fall Injury Claims

You have your clothing all set, mind frame focused on that suit you have been dreaming since you had your first pay check, and all financial resources as good as cash.

You enter your favorite shopping store only to wake up the next day on a hospital bed because of a dreaded accident that you have experienced. Yes, reality indeed bites, and when reality includes being a victim of a slip and fall injury, then not merely would it bite it is coupled with striking pain as well. Slip and fall injuries are part of a class of injuries resulting from premise liability cases. It may be brought about either by spilled beverages, slippery surfaces because of the nature of the flooring surface itself, or the presence of foreign substance that might have led to such a situation.

Slip and fall claims have been rampant in our day and age. With the increase in private establishments catering to the needs of individuals, the victims of slip and fall injuries have become abundant as well. Slip and fall injuries are actually rooted from the negligence of the owner of the establishment. Moreover, as like any other negligence claim, a fruitful cause of action needs only to prove that the establishment has the duty to exert a certain degree of care. Furthermore, such duty of care that has not been complied with, and that an injury has been dealt to an individual who is not equally guilty for the injury he or she has suffered.

The fact that the slippery substance has been left at the subject premises for a long period of time, and that no means to remedy the same has been made by the owners of the establishment are some of the more common proofs to show negligence. Another important detail is the fact that the owner of the establishment has been made aware of the dangerous condition, yet despite such knowledge no personnel from the establishment acted on such condition, if these facts have been proven then surely the owner of the establishment would be held liable for the slip and fall injury. The services of personal injury defenders on slip and fall cases would be essential to promote any victim’s claim.


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Personal Injury Claims Involving Dog Bites & Other Animal Injuries

Most animal injuries result from dog bites. Other pets are kept indoors or can do little damage. If you've been injured by another type of animal then chances are it isn't someone's pet. As such there is no one to make a personal injury claim against.

Despite common belief, dog bite injuries and other animal related injuries are not usually easy cases to win. There are only a few states that have laws in which the animal's owner is responsible for anything a pet does. In almost all states the laws make it clear that if the owner could not have foreseen the incident it is not their responsibility.

So if you've been injured by a dog bite or because a dog jumped on you, your job is to show that the owner should have been aware of the potential danger. Were there previous dog bite incidents with that dog? Did the dog have a pattern of aggressive or unpredictable behavior?

If the dog caused injury by jumping on you or rushing you in a way that made you fall back then you must show that the dog generally behaves in that manner. Sometimes it is enough to show that the particular breed of dog is prone to making attacks.

In any of those cases, and with any other animal, if the owner should have been aware that their pet could do harm then they should have been more careful. As such their insurance should pay damages for your injuries.

Dog bites aren't the only way a pet can cause personal injuries. An animal running on the loose can dart into the road and cause a car accident. In these cases your job is to show that the owner should have had better control of their pet.

If you determine that you are able to go ahead with a personal injury claim, then you'll most likely be claiming under the defendant's homeowners insurance. If the animal was owned by a company - a pet store being a good example - then the owner's business liability insurance is where you should make your claim.

A slight variation of the above mentioned cases are those personal injuries caused by farm animals. Many of the same ideas apply to these cases, but differences come into play when the farm animal gets away from the controlled area. If the animal does damage then the owner is responsible because they should have had it better contained.

On the other hand, if there were posted signs indicating animals will regularly be crossing the street and a driver still hit the animal, it would be the driver who is actually liable for the animal's injuries.


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Is Spanking Child Abuse?

The question: Is spanking child abuse?
The answer: It depends on state law and personal morals.

In Michigan, Michigan Compiled Law (MCL) 750.136b defines child abuse. MCL 750.136b(7) specifically exempts from criminal punishment a parent or guardian (or someone authorized by them) who takes steps to reasonably discipline a child, including the use of reasonable force. In other words, if spanking is performed with reasonable force, then that is acceptable.

The debate is clearly a personal one. Many persons with children never expect to and never would spank them. Many prefer a firm voice and demeanor along with explanation over corporal punishment, which would serve a higher purpose of maintaining the child's autonomy and dignity. Furthermore, it has been proven to work where the children are happy, respectful, and well-disciplined both at home and in public.

Many persons have family and friends who spank their children and the children do not seem to be scarred. Yet, one wonders what was it about their verbal communication that it was not effective enough to get the job done alone. It seems that getting anyone, including your child, to do or refrain from doing something is the same as making a pitch for a sale where effective communication, explanation, understanding and rewards where appropriate seal the deal.

Consider a mother who tells her 5 year-old-daughter and her daughter's friend of the same age, to stop throwing rocks in the yard. They do not head her directive and she sternly tells them a second time. Still they do not discontinue and mom is about to threaten spanking when mom's adult friend walks over to the children, bends down and speaks to them in a concerned and friendly motherly voice at their level.

She says, "kids, if you do not stop throwing rocks in the yard, when mommy mows the lawn and you are outside, the lawn mower could run over a rock and the blades could shoot it out from under, and make the rock hit you in the face! Wow, that would hurt wouldn't it! And, what would you do? You would not be able to get out of the way fast enough even if you jumped this high (and mom's friend jumps in the air)." The kids then start jumping and the point hits home and they cease the prohibited activity. In this example, effective communication works like a charm.

Those who do spank seem to have the law on their side. The federal constitutional gives us the right to rear our children in accordance with our own beliefs and most state laws allow parents to use "reasonable" corporal punishment, as with Michigan as noted above.

It is a fine line to tow and hard to judge the spankers, because when it comes to the government telling us how to raise our children, we tend to want it out of the arena. But, consider this: Do we hit our children to punish them when they are teenagers? We see that less often and why? Because we see them as more equal to us at that stage and they can defend themselves.


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Farmer Equipment Defects

Farmers play a are very important role to the society.. Without them we will not have our produce of fruits and vegetables, among many others. Farmers toil hard the whole year, making sure that their crops grow healthy and pest-free.

However, many incidents could happen to derail the toils of a farmer. One big problem being faced by farmers is the defects in farmer equipment necessary in the toiling process. Can you imagine what would happen if the machines used to water the crops suddenly break down? The whole crop may die due to excessive water and leave the farmers in thousands of debts and lost profits.

Manufacturers of farming tools, products and equipment have a responsibility to make sure that these operate well, the way they are supposed to operate. Manufacturers have a primary liability if their products break down or fail, especially when they cause harm or personal injury to the public.

In the case of the farmers whose crops were damaged due to defective farm equipments, they can definitely file for defective product claims against the manufacturers, distributors and retailers of the defective products. The fact that manufacturers place warning signs or disclaimers has no effect to exempt them from liability when somebody gets injured as a result of their defective products.

Under the different theories of liability related to defective products, the manufacturers can be made liable for:

1. Intentional act – when the manufacturer has knowledge of the impending harm that can be caused by the product but still manufactured and sold them to the public;
2. Negligent act – when the manufacturer failed to make sure that the manufacture of the products were done with reasonable care;
3. Implied warranty – that the manufactured product will work the way they are supposed to; and
4. Manufacturing defect – due to the defects in the process of manufacturing the product, it has become more dangerous for use by the public.

In all the above theories, a farmer has the right to file for claims against those who are liable for the defective farm equipment that causes injuries to him and damages to his crops. The damages that can be claimed aside from actual medical costs for injuries sustained by the farmer are loss of income, loss of future sales and damage to property.

Aside from seeking monetary damages for the economic loss he suffered, the farmer can also seek for non-economic compensation for the pain and suffering as well as distress he have to endure as a result of the destruction caused by the defective farm equipment used.


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Liquor Store’s Liability for Drunk Drivers

In the United States, many people lose their lives each year due to car accidents caused by intoxicated drivers. California is one of the states in the country with the most number of bars, restaurants and other establishments serving liquors to patrons. Consequently, there are a growing number of car accidents caused by having intoxicated drivers. DUI accidents and cases filed and pending in court are already clogging the court dockets in the said state.

Drunk drivers should be held accountable for accidents caused by their intoxication. However, they are not the only ones to be held liable, penalized and prosecuted for these alcohol-related vehicle accidents.

If you are a victim of a driving-under-influence of liquor or DUI accident, you can definitely claim damages against the drunk driver. The usual damages to be sought after include the following:

- property damage, actual medical costs based on your evaluation
- treatments, surgeries and rehabilitation and future health care costs when necessary
- loss of income for salaries unable to earn due to absence from work, and;
- Pain and suffering brought about by the trauma you experienced because of the devastating accident caused by a drunk driver's negligence.

As you can see, you can claim a lot from the drunk driver including punitive damages aside from the economic ones, as penalty for the grave misconduct committed by the drunk driver. Punishment for drunk drivers would also help to deter others who might be thinking of getting behind the wheels after drinking.

If you are a victim of a vehicle caused by a drunk driver, you need the assistance of an expert car accident and personal injury lawyer to help you claim for damages.

Aside from the drunk drivers themselves, liquor stores can also be made liable for serving liquor drinks to already intoxicated individuals. These establishments must not only think about the profits they earn from selling liquors and intoxicating drinks. They should also be aware that what they serve to their patrons could affect them in such a way that when they leave the establishments, they have to drive a car and they might get into an accident when too intoxicated.

It is negligent for an establishment to serve liquor continuously to already intoxicated patrons. It can be reasonably inferred that these intoxicated patrons may hurt themselves or others once they lost control of their faculties.

Expert car accident lawyers can help you pursue not only the drunk driver but also establishments that serve liquor without monitoring their patrons' conditions.

Having the right lawyer to pursue your claim would be helpful in holding people accountable and preventing others from committing the same negligent act. This step helps to protect others who might also be involved in DUI accidents.

Our Los Angeles Attorneys are very competent in handling slip and fall injuries and other personal injury related cases.

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Passenger of a road traffic accident?

Have you as a passenger been involved in a motor accident of some sort, statistics show that most of us will be involved in at least one car/ motorcycle accident in our lifetime.

Perhaps an accident occurred whilst you were a passenger in a car, was it whilst travelling in a taxi or bus. Know your rights! It’s not only the driver who can claim, you are also entitled to make a claim. Either the driver of the vehicle you were travelling in/ or the other road user breached their duty of care to you making them culpable.

At Accident Consult we can help, no matter how severe or slight your injury. It could be that you’re suffering from whiplash; perhaps you broke a limb or even sustained a more serious injury. If so, make Accident Consult your first point of contact.

At Accident Consult we will assess your claim for free, if you then choose to pursue the claim we will assign a solicitor to you on a no-win-no-fee basis. If a solicitor takes on your case they do so under the understanding that if they lose the case then they will not get paid.

The beauty of a no win no fee accident claim is that it enables everyone that has suffered an injury to make a claim. It is no longer just the preserve of those with money, who can afford exorbitant legal fees.

Why should you use Accident Consult?

• No win no fee.
• No risk.
• 100% of the compensation that you’re entitled to.
• Friendly and reliable.

If you have been injured in a motor accident within the last three years and are still suffering then call today, we will put you in touch with a specialist solicitor who will assess the legality of your claim. If after talking to the solicitor you choose not to proceed any further then you will not be charged for any advice that is given.

Contrary to popular opinion the likelihood of receiving compensation as a passenger involved in a motor accident is actually very good. It is relatively simple to prove that you as a passenger have no culpability in the matter. If the driver of the vehicle you were in is held liable for the accident, as a passenger, you are still entitled to claim compensation. If the driver is a family member there’s no need to worry about negative repercussions, as any compensation that is payable will come from their insurer.

In short if you think you have a claim then come to accident consult for a free, no obligation consultation, we’ll take it from there under a no win no fee status to ensure you get exactly what you deserve 100% of the compensation that your entitled to.

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Accident claims for the UK market contact Accident Consult for your no obligation Road Traffic Accident consultation service.

As long as the accident wasn’t your fault you can claim

So you’ve been involved in an accident and it wasn’t your fault but you’re unsure if you can claim? If so, you’ve come to the right place.

Here at Accident Consult Ltd we are able to advise you on your compensation and the amount of money you may receive. You need to live in the United Kingdom and have had an accident of some sort may it be a road traffic accident to repetitive strain injury and it wasn’t your fault to make an accident claim. If you decide to fill in the accident claim form your compensation claim will be dealt with efficiently and honestly.

Accident Consult Ltd won’t take any of your accident compensation as we work on No Win No Fee Basis, the losing party will pay for your legal fees and if your claim is unsuccessful you won’t have to pay any legal fees. Pursing a accident claim is not expensive and complicated so why suffer loss of earning, painful joints, hospital costs etc. for something that isn’t your fault.

Over 2 million accidents last year were the fault of another persons negligence so why should we put up with this, the answer is don’t put up with it claim today. Whatever your accident fill in the claim form and wait for your response, we have dealt with: whiplash injuries, road traffic accidents, slip trip fall injuries, repetitive strain injury, medical negligence cases, work and public place accidents.

Once you have submitted a compensation accident claim the personal injury solicitors will investigate the case before they agree to take the case on. The case will be discussed with you at length so they are able to get the full facts and circumstances surrounding the accident. If the solicitor thinks it has a good chance of winning they will begin to collect evidence on your behalf. If the accident happened more than 3 years ago it is unlikely the solicitor will take the case on due to statute barred. The solicitors will contact the doctors who have dealt with your accident injuries and take all the details as evidence for the claim.

If police have been involved a specialist accident claims advice solicitor will liaise with the police officers who were witnesses or arrived shortly after the accident and obtain the police accident report as evidence for the client. Any witnesses to the client’s accident will be contacted and written statements will be signed by the witness which will be used to verify the client’s accident claim.

If you’ve had an accident recently write a daily diary with the details of your injuries, how you’re feeling and the amount of pain you’re in. Any photographs of the place of accident and or injuries can be used as part of the evidence in accident claiming as well as any expenses you’ve paid for since the accident relating to your injury.

People who experience personal injuries through accidents caused by someone else’s negligence fully deserve compensation payouts for their distress and lost earnings so claim today!


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Employment Agreement Issues

Since the beginning of the capitalist society in the world, the struggles contradictions between employers and employees have existed along with it. And also the agreements made binding by putting them on paper.

During the early days, individuals just trust and rely on each other’s words in establishing an employment agreement from the plowing of the fields, gathering of produce, herding animals and even in building and repairing furniture, houses and things.

As the changes in society go on, the word of individuals lose more credibility, what once was effective by just a handshake or a nod between people now need thousands of words written in ink. More so, it has come to that time where even written words are not enough to bind people's contracts. Notarization has now become the standard.
Employers and employees both have different needs and purposes for entering into an employment agreement.

On the part of the employer, it is a security against unscrupulous, dishonest and unfit employees. It is a way of making employees commit to the terms of employment from the work hours, job description, quality of work and compensation among many other things.

On the part of the employee, an employment agreement works to bind an employer also to labor standards and relations involved in the employment. It is a safeguard from wrongful termination, discrimination and non-payment of benefits among others.

Employment agreement is crucial to achieve a secure working relationship between employer and employees. Sometimes disputes could be avoided or easily resolved if the same had been included in the employment agreement. An example would be the manner of resolving disputes. If the agreement includes grievance mechanisms to resolve employment problems at the first instance, then there will be no confusion or impasse in case employment matters arise.

Actually, employment agreement is beneficial for both. An employer will feel secured from unnecessary and bogus suits against corrupt or untrustworthy employees who just want to claim easy money by blackmailing employers in dragging them to employment law suits unless said employers would be willing to settle the matter for a sum.

An employee actually is even more benefited by an employment agreement. People are sometimes defined by what they do and often times people work as a necessity, the only means to provide for the family. An employment agreement will give an employee job security as well as protection from harassment and discrimination. Employees are also more vulnerable from lawsuits from their employers without an employment agreement. Oftentimes, they just settle if only to avoid the costs and stress related to the problems of litigation.

In the end, it is best for both employers and employees to have a just and complete employment agreement that can be provided by an expert employment attorney. For both parties, seeking counsel is money and time well spent.



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Employers Cannot Absolutely Fire At Will

In California, if you are not hired by an employer through a verbal or written contract, you are considered as “at will” employee. At will meaning, the employer can fire you at will. He could fire you for being tardy, sickly or being loud or argumentative with your other co-employees. Your employer may even fire you if he just doesn’t like your personality or he doesn’t want to look at your face when he comes to the office in the morning.

Being an “at will” employee has benefits for you too. If you are an “at will” employee, you can quit anytime you want. You could be having lunch one day and day dreamed about a life on the beach. Right there and then you can go to your employer and say that you quit.

However, “at will” arrangement of employment does not stay “at will” throughout your employment with your employer. Other factors may change your working relationship. If during your “at will” employment your employer makes you sign a contract with terms of employment then you have now become a regular employee and you cannot be terminated for just any reason whatsoever.

However, in the same vain, you cannot just leave your work whenever you feel like it because you are obligated by the terms of your employment contract. Usually, you need to advise your employer at least a month before your intended resignation, otherwise, you could be made liable for damages.

Even verbal actions can change your “at will” relationship. If your employer verbally informed you to work until the end of the year or inform you of his or her intent to make you a regular employee, then you will also be placed in an employer employee relationship from that time on with the same rights and obligations.

Going back to the “at will” relationship, even if you are an “at will” employee, the employer technically cannot just fire you at will. The law provides that the employer cannot fire you if the reason for firing you is illegal under Title VII. According to law, you cannot be fired if the reason is discriminatory based on your race, color, religion, national origin, disability or age. Your employer cannot also fire you based on sexual orientation or marital status.

If you are an “at will” employee but you are terminated due to illegal cause, you have a right to seek damages. Secure the services of expert employment lawyers like the lawyers of Mesriani Law Group if you are in California to help you claim damages against your “at will” employer.


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