Posts Tagged ‘law’

Working Hard So We Don’t Have To

October 12th, 2011 by Eric Layman

Today’s economy demands that we all must work to make ends meet. Families that were once able to rely on one income to pay the bills must now rely on two incomes. The economy and stock market are jumping around like Mexican jumping beans adding to the situation that without work no one survives this economy. If an employee sustains an injury while working, what can he do?

It’s common knowledge that employers pay into an insurance fund, worker’s compensation, which will protect their employees when injured on the job. The knowledge that sometimes the employee winds up in a fight for his life is not so common.

Sometimes getting employers to pay for our medical bills and time missed at work is easy, but far too often it is like pulling teeth. There are some businesses that will gladly pay for an injured employee’s medical bills, but will not pay for the time their employee was not able to work due to injury.

It’s not fair for employers to not compensate for lost time, or for them to leave their employees to fight with worker’s compensation representatives on their own, but all too often that is what they do. Many companies today are far more invested in their own welfare, than they are of the welfare of those working for them.

This is why more and more people find it increasingly necessary to hire an attorney when they sustain an injury on the job. Fighting for worker’s compensation benefits can be an exhaustive, lengthy battle fought for very little compensation, if any. Lawyers who specialize in worker’s compensation cases can be an injured person’s best friend as well as an absolute necessity. A lawyer will fight for the injured party’s rights when the company abandons him.

People who hire lawyers to represent them and fight for them also tend to get more money for the time they spent unable to work due to their injury. We see it on TV all the time that the people who hired a lawyer to fight for them got far more than the people who didn’t.

Having someone fighting for us who knows his around the system makes a huge difference in how we are treated and compensated. You may not see the need for why so many put up with the expense to hire a worker’s compensation legal specialist, but if you yourself ever sustain an injury at work you will certainly understand why they do.

With so many of us living paycheck to paycheck these days, not having that paycheck can put us in dire circumstances. We work our tails off every day of the week to provide for our families and ourselves. Justice has not been served when the company a person works for refuses to pay the bills for an injury sustained under their employ at their establishment in their service.

It is sad that we as employees are left alone to fight our own battles that needn’t have become one in the first place. It is this sad affair, though, that requires employees to hire an attorney to carry on the battle for them. A law firm on your side can make a substantial difference in personal injury cases. We all work very hard to support ourselves and our families and deserve someone who will work just as diligently for us when our employer lets us down. Law firms work hard so we don’t have to. They also win more money in compensation for us than we would alone.

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Use Criminal Background Check Services To Hire Better Employees

August 24th, 2011 by Patrick James Giladino

These days, employers are becoming more cautious when it comes to hiring employees. These employers conduct pre employment background check to make sure that prospective employees do not have any bad records. For this reason, services such as free criminal background check are gaining popularity. It is believed that employees with previous criminal or bad records tend to demonstrate poor performance which might cause the company some problems later on.

Of course, employers know that there is a likelihood for resumes and other application documents to be falsified. By using these background check services, information given by potential employees may be verified. Such information includes education, previous employment, training, employment history and many others. Conducting a pre employment background check can guarantee businesses of the trustworthiness and integrity of prospective applicants.

In addition, doing a free criminal background check can help employers verify if the applicant has done acts of crimes or misdemeanors. This service can check if the potential applicant has been arrested for petty theft, assault, possession of drugs, driving under the influence, drug abuse and several other forms of felonies. The details that can be obtained from these kinds of background record checks can determine whether or not the candidate will likely be chosen.

If the applicant does not have any bad record as indicated by the pre employment background check, then he or she has greater chances of getting hired. Employers believe that doing these background checks can help them distinguish less qualified applicants from those who are qualified. By employing prospects who do not have any prior records, companies will be guaranteed of a better and productive working atmosphere.

Potential applicants who have done some previous acts of misdemeanors are perceived to be a liability in the company. This is how a free criminal background check can help both the company and employers. There are background check services that you can find on the internet. These online services do not cost much and there are even some that are offered for free. However, businesses have to explore several websites to extensively validate the previous records of possible candidates. In this manner, they will be able to hire employees who will be effective and useful to the business.

When you are in the process of employing prospective candidates, you can conduct some pre employment background check and also free criminal background check to guarantee quality employees. Check the internet to get these services for free.

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Tips To Eliminate Identity Theft and How To Protect Yourself On The Net

July 18th, 2011 by Martin Clamson

Identity theft has been plaguing the Internet. People are worried about how they can protect themselves from this menace. While some technologically skilled internet users could by themselves hit upon methods to do so, several would still depend on specialists for guidance. Basic Internet surfers are constantly in peril of losing their identity. This outcome to various possibilities of troubles that could be prevented only if they understood how to safeguard themselves.

One expert in this area is Darrell West, vice president and director of both Governance Studies and the Center for Technology Innovation in Washington. He has given advice to people about how they can protect themselves in the digital world. He has additionally written materials on subjects concerning political, policy and legal problems brought about by digital technology.

He has listed a few of the plausible ways to maintain online security. The user should observe “choosing non-obvious passwords” and employing unlike passwords for different accounts. One should steer clear of using his or her partner’s name, date of birth, place of origin, and other evident personal data. Noticeably, this data is now uploaded to social networking or other communal sites. Data miners could plainly accomplish a number of tricks and they could steal one’s identity.

Ahead of trusting a website, West advises that one should first read its online privacy procedures. Try to learn whether or how that website will make use of information. Pay attention to how cookies will be utilized for tracing customers and what the company does with the feedback. Learn whether or not the company sells information to a third party. A trusted site should have a very durable privacy policy that safeguards consumer interests.

Consumers can also protect themselves against companies that mine data from users’ browsing history. Cookies are the tools used by many sites to trail Internet browsing history. One shouldn’t allow cookies when prompted by these sites. A more efficient way of doing this is to go into the tool history of the Internet browser and obliterate cookie tracking. It is also suggested that one should utilize the most up-to-date version of an Internet browser.

In regards to Internet privacy laws, West advises that law makers should revise the rules which are no longer applicable or are out-of-date. Some laws were written before the creation of the Internet, even before that of social media and other new digital platforms. It would be less difficult for law enforcement to patrol the digital world and defend people against identity theft with reorganized laws.

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Auto Accident Settlement – 3 Top Tips For Getting Compensation

July 2nd, 2011 by Jessica Lawson

Have you and your vehicle been involved in an accident and want to be compensated for the injuries and damages that you have suffered through? You may be entitled to an auto accident settlement. In this article we are going to talk about 3 things to remember in a car accident.

Going through a car accident is difficult enough. Now you have to deal with annoying things like paying money for injuries that you were not responsible for and damages to your car that were not your fault either. You may find that your pocket book is shrinking faster than you could have ever imagined. What do you do? Let’s now go on to talk about 3 top tips for getting compensation.

The first thing that you need to do is make sure that you call the police. If you were even in a minor accident you need to make sure that you call the police so that they can come out to the scene and make sure that everything is properly documented. If you do not do this it is just going to be your word against the other person’s word.

Another important thing that you need to remember is to check your vehicle and yourself. When you do this you should take pictures of any injuries that you or your passengers have suffered or any damages that have happened to your car. When you have photo evidence it will make it much easier to get the compensation that you deserve from your auto accident settlement.

Lastly what I will tell you is that you should seriously think about speaking with an attorney that specializes in this area of law. There are different attorneys that will be more than glad to start helping you with your case for free. There is no reason to leave your money behind just because you don’t have any cash right now.

Get the money you deserve with an auto accident settlement today.

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Encroachments of All Kinds: What They Are and Why They Matter

July 1st, 2011 by Adam Ciboch

When it comes to property, sometimes boundary line mix-ups happen. The initial land surveyor might have made a mistake. Maybe a boundary line was changed by water erosion. It’s also possible your neighbor was just plain being inattentive.

That misunderstandings happen may come as no surprise. What may be surprising, however, is just how many different types of encroachments exist. Some of them aren’t even physical manifestations. Read on.

The easiest way to describe an encroachment is that it is, quite simply, some kind of illegal intrusion onto property that belongs to someone else. Intrusions on highways or navigable rivers don’t even require actual obstructions. An intrusion that is simply illegal by nature is deemed adequate. For a street or highway, on the other hand, encroachments requires a fixture of some sort. Something as simple as even a wall or a fence is enough. All it takes for an encroachment to exist is an illegal intrusion or invasion of someone else’s property in some way.

Encroachment also brings up the additional legal issue of adverse possession. This term is the legal means by which someone can claim title to a parcel or portion of land to which they technically do not hold true title. Many factors need to be met in order to obtain title, or quiet title as most lawyers would say. This includes remaining in open, notorious, continuous and hostile possession of the piece of land in question for a specified statutory period. The length of time varies by state. If you do not want this occurring on your land, be sure to act quickly and effectively. It is sometimes wise also to seek the advice of a legal professional.

Another fact you may not know is that temporal encroachment also exists. As opposed to being a physical manifestation by way of a structural obstruction, temporal encroachment instead is an invasion on a person’s perception of time. Temporal encroachment sometimes also affects a person’s future actions. If you have a gossiping co-worker who likes to interfere with your work day, just tell them to stop temporally encroaching on your work the next time they do it. Check to see how they take that!

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Real Estate Zoning Laws Demystified

June 28th, 2011 by Adam Ciboch

What if you want to buy real estate? In this instance it’s simply not enough to know the ins and outs of the home-buying process but rather you also need to know all about different zoning laws. You’ll soon find that zoning laws are defined by the restrictions they impose on the type of property you plan to purchase. Read on to see four common zoning law designations you should probably know about.

The most important zoning laws to understand deal with the realm of residential zoning. If you want to purchase anything from a single family residence to a duplex to a condo, this is where these laws apply. With residential zoning laws, restrictions are often related to what type of structure you can place on a piece of land and how many structures are allowed in general. If you plan to keep farm animals on your property, these types of zoning laws will restriction the actual number you’re allowed to have. Home business owners must also take note of any relevant residential zoning laws that may apply in their specific situations.

Second is commercial zoning. This type of real estate zoning law is often contingent upon what business use you plan to execute on the property. It also sometimes depends on how many business patrons you expect to see at any given time. Some common types of businesses that fall under this type of zoning are regular office buildings, malls, nightclubs, hotels, some warehouses, and some apartment complexes. Vacant land that has the potential for development also falls under this designation.

Third is industrial zoning, laws that are specific to what type of business you plan to run. You’ll need to pay attention to factors considered environmental like noise with this type of zoning law. The location of your business from the edge of the property is also more severely restricted with industrial zoning laws.

Lastly, your property will fall under relevant agricultural zoning laws if you plan to run a farm. As well as non-farm uses on the property, these generally restrict density of development on the land. The property also often has a large required minimum lot size. The lot size requirement might vary quite significantly depending on the type of agricultural operation on the land. Protecting farming communities from becoming fragmented as a result of more residential development are why these zoning laws are in place.

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The Seller’s Way or the Highway: Contracts for Deed

June 23rd, 2011 by Adam Ciboch

Look no further than the contract for deed if you’re considering selling your home soon but are hoping to make a bit more of an immediate profit than what is traditionally made during the home selling process. Assuming you have the finances to pull it off, this legal real estate concept is a great way to achieve just that.

Also known as a land contract or an installment sale agreement, the contract for deed can be called many things. Where you as the seller provide the financing to make it possible for the buyer to purchase the property, it is a contract entered into between the home seller and a buyer. Where a bank or other type of lending institution would usually do this, essentially the seller is acting as the lender and providing funds for the buyer to purchase the home outright.

While the buyer is allowed to take actual possession of the property for every conceivable use except legal ownership, you as seller retain legal title to the property as a result. The agreed upon price of the property is paid in installments, just like a traditional mortgage. At a much closer time to the sale of the house than would otherwise be typical in a traditional mortgage, usually what happens is a balloon payment is required. Before the seller agrees to offer financing, the buyer is also often required to make a downpayment.

There are a variety of different reasons why someone would choose a contract for deed over a traditional mortgage. One of the most common reasons is because it can be used as a form of short-term seller financing. Since the purchase price must usually be paid in full many years earlier than it would be in a traditional mortgage, the seller stands to benefit in the long run a lot quicker. Other reasons include not having to pay additional closing fees for a lending institution to investigate a potential buyer’s financial background before determining whether or not they will approve a home mortgage for them.

Each state tends to have their own rules about contracts for deed, so make sure you do your research before opting to go with one. Ultimately, however, a seller with the financial means to offer a trusted buyer financing in such a way could certainly benefit from offering a contract for deed in more ways than one.

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How the Fair Housing Act Protects You from Housing Discrimination

June 22nd, 2011 by Adam Ciboch

So, you’re considering property, either to purchase or rent. Until the subject of your child comes up, everything might seem to be going well. Or maybe the subject of your unmarried partner comes up and the landlord or seller discovers you two plan to move into the new property together. Ethnicity, disability or religion are factors you can easily substitute into a similar scenario. At any rate, the landlord or seller subsequently ends up denying your offers, through no fault of yours or any proof that you’re unable to afford the property in question.

The FHA, or Fair Housing Act, comes in at this point. Federal fair housing laws date back to the 1960s in the United States. As that was a time of great civil rights achievements, those surrounded the desegregation of all-white and all-black neighborhoods included, this makes sense.

The Fair Housing Act was written into law in 1968. Its main purpose was to protect those seeking to purchase or to rent a property from discrimination on a seller’s or landlord’s part. The Act’s goal was primarily to create a housing market where the only factor that could restrict a buyer or renter from obtaining the dwelling place of their choice was financial resources, as opposed to their personal background.

Race, color, religion and national origin where the only classes originally protected when the Fair Housing Act was first enacted. 1974 ushered in a person’s sex as a new protected class. Disability and the existence of children, as encompassed in familial status, were also added to the Act in 1988. Many states have looked to the Fair Housing Act to compose their own fair housing laws. Other states like California have made their fair housing laws even more inclusive by adding other classes like sexual orientation to the protected list.

A complaint needs to be filed with the Housing and Urban Development office (HUD), if you believe you have experienced housing discrimination. The Office of Fair Housing and Equal Opportunity (FHEO) investigates these complaints. FHEO will schedule a hearing before a HUD administrative law judge who will ultimately decide the case in question, if FHEO determines there is reasonable cause for the complaint.

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Higher and Better: The Highest and Best Use Principle, Explained

June 4th, 2011 by Adam Ciboch

American law is where the highest and best use principle has its roots. Principles of real estate appraisal are also an area to which it relates. The value of your home is extrinsically linked to this principle, as well.

American law is where the highest and best use principle has its roots. Principles of real estate appraisal are also an area to which it relates. The value of your home is extrinsically linked to this principle, as well. A use that is reasonably probable that produces the highest value of your property is the main feature behind the highest and best use principle, also known as HBU. At its core, HBU is simply a designation that locates property and explains how it has the potential to have a higher value, if only it were used for a different purpose. In order to maximize its total value and increase the money ultimately made from it, a piece of property is assessed at its highest or best use in real estate appraisals, specifically.

Each potential use must pass a set of tests in order to be determined to be a property’s highest and best use. Although it can vary, the use must generally meet tests to ensure it is legally allowable, physically possible, financially feasible and maximally productive.

Only uses that are allowed by law can be considered highest and best uses, first. Governmental regulations, zoning prohibitions, and deed and covenant restrictions are all uses that are not legally allowable.

Second, the property’s size, shape and terrain dictate its eligibility for the second factor often tested. If a highest and best use is not physically possible because it would require a larger plot of land, it does not meet this test. In the same vein, if a highest and best use requires a flat parcel of land and the land in question is mountainous, its highest and best use would not be physically possible, thus failing this test.

Third, a property’s highest and best use must be feasible in a financial sense. Any proposed highest and best use of the property in question must create enough revenue to justify such things as the construction costs, including a profit for the builder. If it would cost more to improve the property than the property could ever hope to generate in revenue, the highest and best use would not be considered financially feasible.

The highest possible return must be created for the builder in order for the last highest and best use test to be met. The property might still only have one of those uses as its highest and best use, even if any type of residential or commercial property could feasibly be built on the property. It must meet all four of these tests for a highest and best use of a property to be unquestioned.

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Is it Even Worth it to Fight a Property Tax Assessment in the First Place?

May 30th, 2011 by Adam Ciboch

In this day and age, the market is not strong. While there is hope that in the near future market rates will increase with a strong economy, homes are still losing their value quite rapidly. It’s an unfortunate situation, to be sure, but there is a silver lining. A drop in home values means your property assessment should also be lowered, lessening the property taxes you would owe in a given year.

What should you do if you think you received too high of an assessment? Would it benefit you to fight it at all? There is a possibility it would be.

Understanding how the county values your home is the first important thing to do. You can choose to do this with comparables and replacement or rebuilding value. You may have heard them referred to before as “comps,” and these are just a comparison between what other similar homes in your neighborhood sold for to figure out what yours might be worth. Assessors will note how much similar home sellers received during the sale in order to value your own home. Based on how much it is presumed to cost to replace your home, a bank can appraise the value of your home based on replacement or rebuilding value.

You must first build yourself a case for a lower property assessment if you believe your home was valued too high. If you meet with an assessor and inform him or her of your believe that you were assessed too high, you’re part of the way there already. Your next step is to file an appeal. You should note any time limit for filing an appeal, since most locations have them. Be sure to check what the actual time limit is where you live so you don’t miss your opportunity, but 60 days tends to be about average. You will go through an appeal board and given an eight to ten minute presentation during the appeal. Bring as much evidence as you can, including pictures with comps, and all the data you have that supports your case, like floor plans for the comps you’ve researched.

While there are other ways to fight your property assessment, doing your research and filing an appeal is the most direct and uncomplicated. During your appeal presentation, dress and act professionally, laying out the facts that support your side in a clear and concise manner. You have a good shot, if you’ve done your homework. In that case, fighting your assessment and consequently reducing your annual property taxes is definitely worth the time and effort.

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