Learning About the Different Forms of Employee Discrimination

Battling Discrimination in ChristchurchSince 2009, most workplaces in Australia follow a new system created by the Fair Work Act 2009. Led by an ombudsman, this act helps people who believe that they have been subject to unlawful discrimination at work. Once an employee reports unjust treatment, the ombudsman and an employment lawyer such as I.R. Thompson Associates Ltd can investigate and take action on any kind of workplace discriminatory practices.

Be aware of the different forms of employee discrimination by reading four of the most common below.

Age Discrimination

Treating someone less favourably because of his or her age is a form of discrimination. This includes any aspect of employment, including hiring, firing, assignments, promotions, layoff, training, and fringe benefits. Giving sexual or offensive remarks regarding age is also unlawful.

National Origin

National origin discrimination pertains to harassment due to a person’s nationality, ethnicity or accent. It also entails treating someone unfavourably because they appear to be of a certain ethnic background, even if they’re not. One example is when an employer chooses not to provide benefits to an employee because of his difference in terms of language.

Disability

A person’s disability should not stop an employer from hiring him or giving him equal workplace benefits. Disability discrimination occurs when an employer or employee treats a co-worker less favourably due to impairment, history of disability or a physical or mental impairment that is not transitory.

Religion

Not everyone may agree with a certain religion, but that should not welcome discrimination, especially at work. Religious discrimination occurs when a person receives unjust treatment because of his or her religious beliefs. The law does not only protect people who belong to traditional and organised religions such as Buddhism, Christianity, Islam, Hinduism, and Judaism, but also those who have held religious, ethical or moral beliefs.

Discrimination remains to be an issue in most workplaces but by spreading awareness and raising concerns, one can fight off the problem, gradually leading people to just actions and decisions. If you think that you have experienced any form of unlawful discrimination at work, don’t afraid to speak up and stand up for yourself.

Eminent Domain in CO: Can Your Business Stand Against the Government?

Your Business Stand VS ColoradoThe Centennial State is no stranger to condemnation. Just two years ago, the battle between the Summit County and a private property ended in a measly compensation. Due to financial pressure, the private party waved the white flag and Uncle Sam acquired the land through eminent domain. Most often than not, the government is powerful enough to overcome in condemnation cases. While residential properties are the usual victims of the authorities, businesses are sometimes not spared. Apart from forced relocation, you might suffer financially in various ways:

Rule of Compensation

According to Miller & Steiert, P.C., any experienced Denver business lawyer would say that the court generally doesn’t consider your loss of business profits compensable. The spirit behind it is that the government doesn’t always take the business operating on the land, and you’re always free to move your commercial activities to a different location in the event of condemnation. In short, it’s not the government’s problem if the health of your business suffers because of eminent domain. After all, its acquisition of the land your business stands on is an act to serve the common good; your business interests don’t carry much weight.

An Exception to the Rule

If you get your revenue directly from the land, you may apply a claim for loss of profits. If you lost profits from of business operations, like ranching, farming, or timbering, then you may be allowed to file a compensation claim.

Damage to Property

If your trade fixtures incur damage due to the action of the government to take a certain private property, even if it was done to serve the public good, you may apply for a claim and be rightfully compensated. Being on the opposite side of the government, especially in an eminent domain case, is never a pleasant place to be. Nevertheless, fighting for your best interests is never a lost cause. Hiring a seasoned attorney specializing in commercial matters is the first step to fight for your rights.

Minor in Possession of Drugs: What the Law Says

Juvenile Drug Possession Law in JacksonvilleBoth adults and minors found in possession of illegal and controlled substances have to appear in court and be punished according to the state laws. However, there are many differences in the way the justice system treats juvenile cases and cases involving adults. To say the least, juvenile trials are less formal and punishments are also less harsh.

Minor in Possession Charges

A child who is less than 18 years old (or depending on state rules) caught in possession of illegal or controlled substances such as drugs and alcohol will have to face charges. Unfortunately, it does not make a difference whether the minor is in possession, attempted to buy, or consumed an illegal substance.

Penalties for Juvenile Drug Possession

Juvenile offenses like minor in possession of drugs are handled in a Juvenile Court. The Juvenile Court, as said earlier, treats juvenile cases differently and orders punishments that are less harsh. But then, the penalties for drug possession in minors are more serious than other juvenile offenses.

  • Fines
  • Court-ordered rehabilitation
  • Community service
  • Detention

First-time offenders may be given moderate punishments. On the other hand, the court may order jail time or detention if the minor is a repeat offender or has committed other types of offenses in the past.

Defenses to Juvenile Drug Possession Laws

MIP laws vary by state. And because the law does not need a minor to be under the influence during the event of citation, it is quite difficult to prove innocence against MIP charges. You should talk to a criminal defense attorney in Jacksonville, IL for appropriate defenses if your child is facing charges. The attorney may be able to prove that your child was not aware that the substance was illegal in the first place or that the drugs were found in a place the minor had totally no control of.

The justice system may be considerate when it comes to minors. However, juvenile drug possession or MIP is a serious offense in the juvenile justice system. Punishments for this type of offense are also severe.

A Short Guide to 3 of the Most Common Drug Crimes

Leading Drug Offenses in CincinnatiThere are many types of drug crimes covered by state and federal laws. In general, the government prohibits the possession, production, and sale of controlled substances such as illegal drugs.

Drug offenses that go against the federal law are punishable with sentences typically longer than state drug charges. According to drug crime attorneys in Cincinnati, even probation or short-term sentence due to local drug law violation can significantly affect a person’s record.

Here’s a short guide to the most common types of drug crimes.

Drug Possession

Possession is one of the most common local drug offenses. In such charges, the accused person has consciously and intentionally possessed a controlled substance without valid prescription. Before the defendant is charged with the crime, the possessed amount must be deemed enough for personal use or sale.

Possession of paraphernalia linked to drug use is also prohibited by the law. This includes syringes, cocaine pipes, bongs (water pipes), rolling papers, and scales. Sale, import, and export of such drug paraphernalia also go against the law, according to the National Drug Intelligence Center.

Drug Manufacturing

A person violates federal and state drug laws if they are involved in any part of the cultivation or production of illegal drugs. Cultivation pertains to growing, possessing, or producing naturally of components used in drug production. Good examples are cannabis seeds and marijuana plants. Cultivation and manufacture of marijuana, however, may be treated differently in some states that put in place exceptions in the medical and personal use of this drug.

Drug Trafficking

The law prohibits the sale, transport, and import of controlled substances. Drug trafficking and distribution, in fact, is considered more serious than possession as it involves transport of considerable amounts of drugs. The mere possession of large amounts of substance, however, can lead to distribution charges. The minimum punishment for drug trafficking is imprisonment for three years.

When involved in these situations, it’s important to hire a drug crime attorney. A lawyer specializing in this area of practice can effectively represent you and your interest before the drug court.

Home Buying Guide: 3 Useful Pieces of Advice

Ideas for Home Buying in DenverA house is a big purchase, and it’s probably the biggest you’ll ever make in your lifetime. It’s not only the price that makes you decide to buy; it also involves the price of maintenance and improvements or additions you'll need in the future. There’s also the possibility of selling it, where you'll probably want to recoup as much of your investment as you possibly can and make a better profit.

It is for these reasons that you should never come unprepared to the open house. Here are some pieces of advice that may help you avoid making a bad purchase.

Make Sure It’s Clean

Clean refers to the title. If you don’t want to have problems in the future, especially if you’re a rookie buyer, asking your real estate attorney in Denver or anywhere you live is the best possible step to take. Let your lawyer do some checking. You may have to spend more money, but you can’t put a price on peace of mind.

Look at the Basics

You’re probably imagining how to convert that extra bedroom into a library or office. You’re thinking about how much work it will take and the money you’ll have to spend. Before thinking about additions and improvements, look at the basics. Is the plumbing sound? Is the roof relatively new? Is it still under warranty? Are the windows energy-efficient? You don’t want to buy a house, and then spend more money fixing leaks. What more if you found out that water damage has already caused rotting in specific places? If it doesn’t need fixing, the improvement project doesn't have to wait.

Check the Prices in the Area

You might end up paying $300,000 for a house that sits in the middle of a neighborhood of $150,000 houses for roughly the same size and style. If the price is too far from the ceiling in your chosen area, you should be more careful. What makes it so special?

There are many other factors you should take into account before taking or making an offer on a house. The location is the first consideration for many buyers, but it isn’t the only one. Do your research and avoid regrets.

IL DUI: 3 Ways to Obtain the Best-Case Scenario in Your Case

DUI Lawyer in IllinoisDriving under the influence is a serious crime in Illinois. Needless to say, its punishments are no laughing matter. Apart from fines worth thousands of dollars and a lengthy jail time, you might put your driving privileges in jeopardy if you get convicted. And as you can completely avoid an arrest—no matter how honest a driver you are—the key is to make smart decisions from the time you got pulled over.

In Springfield IL, hiring an experienced criminal defense lawyer should be a no-brainer. However, not everyone realizes these actions make a difference to his case.

Keep Quiet

Rule number one in DUI arrest is to avoid talking too much. Not that it’s wrong to fight for your case, but the street is never a proper venue to wage a war of words with the police.

Irrespective of the mood you’re in, there’s no excuse for being impolite to the authority. More often than not, your rude behavior would only make matters worse.

Remember your Miranda rights, and answer only basic questions to avoid giving the traffic officer probable cause to arrest you — and strengthen his case against you.

Choose a Bench Trial

Now, if you have to go court due to a DUI arrest, it’s advisable to waive your right to a jury trial. Involving a jury is costly to both you and the state. Plus, it’s hard to get a favorable verdict based on emotion no matter how strong your defense is. No one approves drunk driving, so it’s best to not to be judged based on the general perception of the public toward this matter.

Aim for Court Supervision (If Not Acquittal)

You want your case, of course, dismissed but if you can’t, you can settle with court supervision. Court supervision the next-best sentence you could get after acquittal. And if you could show the court that you completely abide by its rules under the supervision period, your case may be eventually dismissed.

A DUI charge could change your life forever. By all means, don’t let your emotions get the best of you. Use a clinical approach to finding your way out of this trouble.

Why Should You Choose an Independent Executor for Your Will

Family Law in QueenslandHaving a will is paramount, but choosing the right executor is equally important. This person would administer your wishes stated in your will when you pass away. As this role is crucial, this individual shouldn’t just be trustworthy, but also capable of performing the challenging duties it entails at the time of your death.

Naturally, you’d consider a loved one to act as your will’s executor. After all, who else would you choose to handle your estate when you’re gone but the people closest to your heart. But then again, it’s never a bad idea to get an independent executor for this job.

Here are some sensible reasons why

Avoiding Conflict

In Queensland, experienced attorneys specialising in family law have seen conflicts between the executor and your beneficiaries. Some of your beneficiaries may not agree with what’s stated in your will, putting the executor to blame.

The key is to choose someone with no personal interest in your assets. This way, you can keep the possibility of suspicion to a minimum.

Removing Liability

The job of a will executor is more serious than you think. If your will isn’t properly done, your executor would be held accountable. In some cases, the executor may be ordered to personally compensate your beneficiaries for any loss due to certain mistakes.

As much as you want to entrust your will to a loved one, it might be for the best to get someone more capable of administering your assets later on.

Lifting the Burden

Your death would leave your loved ones in grief, so forcing them to take the responsibility to oversee the distribution of your assets may give them extra burden at a time of loss and stress. Instead, naming an independent executor would help let your family cope up with your passing.

No one could overemphasise the responsibility of your executor. In a way, he or she would be your representative when you’re gone. Choose the right one wisely, carefully.

Online Business: An Overview of Laws

Online Business As an online business owner, there are a number of legal and financial considerations that you should pay attention to when starting your business. These considerations are in the area of privacy, security, copyright and taxation. There is no doubt that setting up a business on the Internet is a lucrative way of attracting customers and expanding your market and increasing sales. But along with it, you have to also pay attention to the areas mentioned above in order to run a hassle-free business.
 

Whether you are in a big city like Denver or choose to stay in a more rural place, reputable business attorneys strongly advise that you still adhere to laws. Here are some of them.  

Online retailers and other businesses that conduct transactions by collecting customer information need to abide by e-commerce rules and regulations. And if your business doesn't involve selling products online, laws governing digital rights and online advertising will still cover it. The Federal Trade Commission is the agency that regulates e-commerce activity and that includes the use of commercial e-mails, online advertising, and consumer privacy.

The Internet provides anonymity and this has led to a large number of shady advertising and marketing practices. In turn, this has led Federal and State governments to pass laws that are intended to safeguard consumer privacy. These laws are also aimed at ensuring fair and truthful advertising practices online. These rules are something that you need to understand and abide by if you plan to advertise online or run a direct marketing campaign through email.

The personal data of consumers is not the only thing that is protected by law on the Internet. Digital work that includes text, movies, music and art are also copyrighted and protected under the Digital Millennium Copyright Act (DMCA). DMCA offers protection to information published on the Internet and other forms of electronic media.

The simplest thing to do is to do your homework before you start your online business, research the topic, and be informed.

Real Estates & Litigation: A Closer Look at Real Estate and Property Law

Property Law Real estate and property law cover a range of legal topics and issues. It involves different real estate transactions guided by policies set by the government and standards established by the industry. It has policies in buying and selling commercial and residential properties and includes financing aspects in real estate deals. Mortgages and foreclosures, for instance, are commonly tackled issues in real estate and property law.

Real Estate: The Basics

Some people, especially those who are not familiar with this subject, often use the terms real estate, real property, and realty interchangeably. They use “real estate” to pertain to the home or structure built on a land. Real estate involves more than that, however. It does not only include the house, structure, trees, and everything affixed to the land. The law sees the rights, benefits, and interests of the owner as attachments to the real property.

Causes of Litigation

Litigation in this area of law covers different types of conflict. One of the most common issues is foreclosure. There are many cases wherein the foreclosure of a house can be contestable. Real estate lawyers in Denver noted that filing a lawsuit might be the necessary action to take to find out if a property foreclosure should stop or be allowed to proceed. Other common conflicts that lead to litigation include mortgage disputes and defaults, implied warranties, and contract penalty clauses.

Lawyer Service

Conflicts in the legal area can be complex and daunting. This is especially true for people who are not familiar with the federal law and state statutes. The good news is you can always have a real estate lawyer to represent and guide you along the way. When facing charges, your lawyer can protect your rights and interest. The same is true when you are the one filing for a claim and pushing for litigation.

Real estate is an investment that you should not take for granted. Hire a reliable and well-experienced attorney to ensure positive results with your real estate issues.