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Signs Of Sexual Harassment

Sexual Harassment Lawyer

There are many signs of sexual harassment, however it can be hard to notice them. They can range from subtle behavior to more explicit actions like catcalling. Whatever types of sexual harassment that you have experienced or are dealing with in the workplace, you have the right to take action. No one should tolerate sexual harassment. If you have been at your work and have been dealing with even just one instance of sexual harassment, you may be able to file a claim and take legal action against the person responsible and your employer. Know how to recognize the most common signs of sexual harassment so that you can take action right away. 

Sexual Comments

If a worker makes sexual jokes or discusses their personal life in a sexual context to another coworker who does not appreciate or welcome the conversation, it can be considered sexual harassment. These types of discussions are not appropriate in the workplace and they can make others highly uncomfortable, especially if it occurs without their consent. If you have been subjected to sexual comments by another coworker, you have a right to file a claim against your employer so that they can face the consequences of allowing the behavior to occur.

Catcalling

Catcalling is the act of complimenting a person walking by in a way that is aggressive or overtly sexual in nature. Typically catcalling happens in public places like streets, such as when a woman is walking down a street and a man yells at her about her looks. However, catcalling can also happen at work. What is problematic about catcalling is that it is done in a way that makes a victim uncomfortable and is done without their consent. If you have had an issue with persistent catcalling at work, you may be able to file a claim. 

Inappropriate Touching 

In the workplace, there is a slim boundary that determines appropriate and inappropriate touching. For instance, hugging and excessive touch can be considered sexual harassment if the person receiving them does not consent and is made to feel uncomfortable, as an experienced sexual harassment lawyer can explain. Once a person has expressed that they do not want to be touched a certain way or are being pressured to consent to unwanted physical affection, they may be able to file a harassment claim.

Unwanted Advancements

Some people who have faced sexual harassment at work experience unwanted or inappropriate advancements by other coworkers or supervisors. While it is not harassment if a coworker asks out another coworker on a date once, it can be if the coworker refuses to take no for an answer. Examples of unwanted interactions include being asked out on a date or being pressured to accept a date, then it can qualify as sexual harassment. 

If you are in need of legal advice regarding a sexual harassment claim, talk to a qualified sexual harassment lawyer for more information. 

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How A Business Lawyer Assists Businesses

Business Formation

Businesses are started and ended each day in the United States. While it can be an exciting or life-changing event to start a business it can be a struggling time to end one. Whether it’s an individual, a family, or an organization starting a business it’s important to understand the ins and outs of the law regarding business formation and operating a business. When a business doesn’t follow the law it puts itself in grave danger of being susceptible to fines, lawsuits, or being forced to shut down. That’s why many people turn to a lawyer who works in the realm of business law to help avoid running into issues with the law. Contact one today if you need assistance with your business. 

Difficulties of Starting or Running a Business

There are many difficulties associated with starting a business. First of all, it can be difficult to secure funding for the business itself. Loans may need to be taken out and new debts may come into existence. For individuals, they may take from their savings or investments to fund a business. Another thing that can be difficult is hiring and retaining employees. Many businesses struggle in this area to first hire employees and then to retain them. Other things that can be difficult or cause issues are making a profit, having a positive revenue, keeping a good company profile and image, keeping harmony among the employees, finding clients, and more. Another thing that some businesses overlook is the law. Not complying with state and federal laws could put a company or business under enormous stress from lawsuits and other legal issues. 

How a Lawyer Can Help 

A lawyer who specializes in business law understands the different laws that a business has to follow to form, operate, and cease operations, if needed. State and federal laws have statutes in place that businesses need to follow. These will vary by state but a business lawyer residents turn to from a firm like Eric Lindh Foster Law, LLC can provide more on the details of those situations. A lawyer can also offer their guidance and support through different branches of business formation and business operation. They can help with ensuring that start up capital or investments are compliant with the law. These types of lawyers can also help ensure that the business is following good employment practices.

Professional Assistance 

Professional assistance in any industry is something that is beneficial. The same can be said for starting a business or operating a business. When a professional or a business lawyer is helping out it can make for an overall stronger business. A stronger business can achieve longevity and has a better chance of earning a positive revenue and being successful for a long time. If you or someone you know are running into legal issues with your business then it may be time to seek out a professional for assistance with these business-related problems.  

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What Happens if I Declare Bankruptcy?

Bankruptcy Lawyer

Declaring bankruptcy may be the only way out from under your crushing debt, but there’s more too it than immediate financial relief. As a Bankruptcy Lawyer like our friends at the Law Offices of Neil Crane can explain, bankruptcy is a serious decision, and you need to make sure you know what you’re getting into before you decide it’s right for you.

Read on to learn more about the pros and cons of filing for bankruptcy, and see why it’s so important to have a qualified and experienced bankruptcy lawyer on your side.

What Do I Get out of Declaring Bankruptcy?

If you’ve built up considerable debt, or your many financial obligations are just bleeding you dry, you can file for bankruptcy to give yourself a clean slate. You’ll be able to satisfy your creditors and get out from under your debts, and you’ll be able to get rid of all those assets that are costing you money. It’s a breath of fresh air, but it comes at a price.

What Are the Cons?

The negatives of bankruptcy really depend on the type of bankruptcy you file. If you file Chapter 13 bankruptcy, you’ll have to come up with a payment plan that satisfies your creditors, and you’ll have to stick to the plan until they’re all paid off and satisfied. It can be a pain to set aside money and tighten your finances for the several years it might require to pay off your debts, but many people accept it’s a better alternative to Chapter 7 bankruptcy.

What is Chapter 7 Bankruptcy?

When you file Chapter 7 bankruptcy, you’re pulling out all the stops to pay off your debts. This means selling off your assets to get the necessary money to climb yourself out of debt. “Assets” can mean anything from properties, investments, cars, collections, and even family heirlooms. You’ll have to sell off practically everything for financial freedom, but some people think it’s completely worth it – especially if you can protect some of your assets from liquidation.

Can I Protect My Assets?

If an asset is protected, it means it’s exempt from liquidation when you file Chapter 7 bankruptcy. Certain states have their own ideas about protected assets. Protected assets can include your wedding rings, your primary residences, and cars under a certain value. You may also be able to hold on to your tools or work-related equipment, as well as the appliances in your home. A skilled bankruptcy lawyer will be able to tell you more about protected assets – and more.

Why Do I Need a Bankruptcy Lawyer?

Bankruptcy is never easy. It can be a long and painful process, and without proper legal guidance, you may find yourself even more lost than before. Fortunately, the right bankruptcy lawyer can help you better understand your options, and better understand how to proceed when you decide what chapter of bankruptcy works best for you.

Don’t hesitate to get the legal help you need before, during, and after your bankruptcy. Get in touch with a bankruptcy lawyer today.

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Tips For Reducing Your Risk Of Getting Into A Motorcycle Accident

Motorcycle Accident Lawyer

Cruising down the road in your motorcycle on a warm and sunny day can be quite thrilling. However, riding a motorcycle still comes with risks. Motorcycles are smaller and more difficult to see than cars. Motorcyclists also lack the protection of a vehicle, so they are more likely to suffer catastrophic injuries in an accident. However, that doesn’t mean you have to stop riding your motorcycle. You just have to take more safety precautions.

Here are a few tips for reducing your risk of getting into a motorcycle accident.

Don’t Share a Lane with Another Vehicle

Some new motorcyclists make the mistake of staying in the same lane as another vehicle. This is very dangerous and can lead to an accident. Drivers likely do not expect to share lanes with motorcyclists, so they may not look out for them.

Avoid Speeding

Drivers of passenger vehicles are not the only ones who should obey the speed limit. It is equally as important for motorcyclists to avoid speeding. While it can be exciting to go fast on your motorcycle, it can increase your risk of getting into an accident. If you are going at high speeds, you may have less time to respond to hazards on the road or enter corners too fast.

Don’t Assume That You’re Always Visible

As mentioned above, motorcycles are smaller than regular vehicles, so they are more difficult to see. That is why you should never assume that other motorists can see you. Always keep your full attention on the road and stay out of vehicles’ blind spots. It’s also helpful to wear bright clothing.

Wear the Proper Protection

Before you get on your motorcycle, you need to put on the proper clothes and gear. Wear leather pants, a long-sleeved shirt, boots and a helmet. While this gear might not be able to prevent an accident, it can protect you from severe injuries in the event of a collision.

Don’t Ride During Poor Weather

Unless it’s absolutely necessary, you should avoid riding your motorcycle in the rain and other poor weather conditions. Unlike drivers of passenger vehicles, you do not have windshield wipers and other features to travel through adverse weather conditions. Motorcyclists have a higher risk of getting into an accident in poor weather conditions.

Take an Advanced Safety Course

If you already know how to operate a motorcycle, you might wonder if it is really necessary to sign up for an advanced safety course. However, even the most experienced motorcyclists can afford to learn more about operating a motorcycle. In this course, you can increase your skills in many areas, including evasive maneuvering, throttle control, brake control and lane selection. By taking this course, you could potentially avoid an accident.

 

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Your Guide To Picking Beneficiaries

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Estate planning is a task that requires much thought. One of the most nuanced, yet simple, aspects of estate planning is choosing your beneficiaries. If you have relatives that you cherish, you may want to make sure they receive a portion of your estate after your departure. You may have so many people that you are fond of, that you want to ensure no one is left out. You may also choose to donate some of your estate to a charity organization that is near and dear to your heart. It can be tricky dividing up your assets, but this guide will hopefully give you more insight so that you can make confident decisions in regards to your estate plan. 

A beneficiary can be anyone you want. Think about it this way, these are your belongings and assets, so who you want to give them to is a personal decision that only you can make. The best thing you can do is choose based on your heart and who you want to receive a part of your legacy after you are no longer here. Another thing to consider is that if you list your children as beneficiaries, you may want to designate that they receive equal share of assets, or at least noting what percent each of your children will get, so that the process is simpler and helps prevent familial disputes from arising.

Many people choose their spouse, best friends, and other relatives as beneficiaries, but that will depend on who matters most to you. As a team member from Carpenter & Lewis PLLC would suggest, you can write instructions that are specific, such as that you want certain properties to go to one person. Or, you can view it in terms of percentages. The benefit of having an estate plan is that you are in control of how your assets will be handled because if you pass away without a plan, then a judge may oversee its distribution through probate instead. It is advisable to designate a secondary or contingent beneficiary in case your first beneficiary passes before you. 

Estate planning can seem like a complicated task, but like many other things in life, the more you know the better. When you get more insight into something, you can understand the purpose of it and then make choices that are best suited for you. Depending on your situation, choosing beneficiaries may be easy or more difficult. But either way, if you know what the task entails, you can rest assured that your wishes are properly reflected within the estate plan. If for any reason you have an estranged relative or other person who may come forward and attempt to contest the will in court, you can add statements into your estate plan that this individual is not to receive any portion of your estate after your passing. Consider speaking to your lawyer, like a estate planning lawyer Knoxville, TN families trust from Carpenter & Lewis PLLC, if you are having trouble deciding who should be beneficiaries, and how to exclude those who may cause problems later on. 

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Important Bankruptcy Terms Chapter 7 and 13

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When you are dealing with a legal matter related to bankruptcy with a bankruptcy lawyer it’s important to know the precise definitions of the items you are discussing. The following are bankruptcy terms that an individual filing for bankruptcy may want to be familiar with.

Automatic Stay

When you file for bankruptcy, all of your debts are paused. Your wages cannot be garnished, collectors cannot contact you for payments, and home foreclosures are put on hold. Lawsuits filed against you for debts will also stop.

Chapter 7 Bankruptcy

Chapter 7 is a type of personal bankruptcy that gives people a “fresh start.” Any assets a person has are liquidated in order to pay off debts. There are assets and property you are allowed to keep, such as your vehicle. When the bankruptcy process has been completed, your unsecured debts, such as medical bills and credit cards, are charged off and you owe nothing.

Chapter 13

Chapter 13 bankruptcy is also a type of personal bankruptcy. Like chapter 7, all debts are put on hold, however, instead of eliminating debts, the individual works with the creditors through the court to renegotiate debts and come up with a repayment plan. A monthly payment plan for a three-to-five-year period is developed that will allow the individual to pay all or a portion of the debt they owe. If there is a balance left after the agreed-upon time period, the balance of that debt is eliminated.

Discharge

At the end of chapter 7 bankruptcies, the majority of debts are eliminated. This is legally referred to as discharge.

Exemptions

When filing for bankruptcy, there are some assets that a debtor is allowed to keep and not have to sell off. The bankruptcy trustee overseeing your bankruptcy will determine what assets or property you have that are exempt.

Lien

A lien is what is placed on an item when an individual has purchased the property under some type of finance plan. The lien allows the creditor to repossess the item should the debtor fail to keep to the agreement. The creditor can either hold the item until they are paid or they can sell the item to recoup the amount the debtor owes them.

Secured Debt

Secured debt is that which is usually attached to an item that can be repossessed if the debtor fails to pay. Examples of secured debt are a vehicle with a car payment or a house with a mortgage. Your vehicle can be repossessed if you fail to pay and your house can be foreclosed on if you do not pay your mortgage.

Unsecured Debt

This is debt that does not have a specific item attached to it that can be taken back by the creditor. Examples of unsecured debt are credit card debt and medical expenses debt.

Contact a Bankruptcy Law Firm Today

If you are struggling financially, bankruptcy may be the best option for your situation. To learn more, call an experienced bankruptcy attorney.

 

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What Are the Advantages of Declaring Bankruptcy?

Bankruptcy Lawyer

Many people focus on the negatives of bankruptcy, such as a lower credit score. Although your credit rating does take a hit after declaring bankruptcy, it won’t stay that way forever. If you are struggling to pay down your debt, filing bankruptcy may have many benefits.

Here are some of the advantages of declaring bankruptcy.

Eliminate Your Debt

One of the main advantages of declaring bankruptcy is clearing most of your unsecured debts. If you file for Chapter 7 bankruptcy, you can wipe these debts clean and get a financial fresh start. If you declare Chapter 13 bankruptcy, you can repay your debts through a manageable repayment plan. Once your debts are discharged, you can finally get on with your life and sleep easier at night.

Avoid Foreclosure and Repossession

When you’re falling behind on your bills, you may worry about your house getting foreclosed on or your vehicle getting repossessed. If you file for bankruptcy, you may be able to avoid this. An automatic stay will be issued, which puts a stop to collection efforts. This will give you some extra time to make your payments current.

Receive Education About Finances and Budgeting

If you want to file for bankruptcy, you will be required to complete credit counseling first. While this might sound tedious at first, it can actually be very beneficial. In this course, you will learn how to create a realistic budget and manage your finances better so that you avoid getting in this situation again in the future.

Repair Your Credit

Some people are reluctant to file for bankruptcy because of the effect it will have on their credit. However, if you are deep in debt, it’s likely that your credit rating has already taken a hit. Although your credit score will be lowered after declaring bankruptcy, you can repair it over time. Make sure to pay all of your bills on time and keep your credit card balances low. If you can’t qualify for a traditional credit card in the beginning, get a secured credit card, which requires you to make a cash deposit. After you make timely payments on this card, you may qualify for a traditional credit card.

If you are thinking about filing for bankruptcy, you may want to schedule a consultation with a bankruptcy lawyer, like one from the Law Offices of Neil Crane

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Fixing Your Credit Rating After Chapter 7 Bankruptcy

Chapter 7 Bankruptcy Lawyer

It’s common knowledge that filing bankruptcy lowers your credit score. In fact, it makes some people reluctant to declare bankruptcy. However, even though your credit score will take a hit, it’s possible to rebuild it in time. Here’s how.

Make Timely Payments

Positive payment history is one of the most important factors in determining your credit score. The more timely payments you have, the better your credit rating will ultimately be. As such, you should make an effort to make timely payments after declaring bankruptcy. If you have difficulty remembering to make your payments every month, you may want to look into autopay. If you enroll in autopay, your payments will automatically be deducted from your checking account every month.

Pay Attention to Your Credit Utilization

Credit utilization is another important factor lenders use when deciding whether or not to approve you for a loan. Ideally, you want to keep your credit utilization less than 30 percent. Maintaining a low credit utilization ratio shows potential lenders that you are a responsible borrower and don’t rely too heavily on your credit cards.

Request For Your Payments to Be Reported to the Credit Bureaus

Creditors and lenders aren’t actually required to report payments to credit bureaus. If you’ve just filed for bankruptcy and are trying to fix your credit, you may want to ask your creditors and lender to report your activity to the credit bureaus. You can take it a step further and request for your rent and utilities to be reported to the credit bureaus. 

Obtain a Secured Credit Card

If you are having trouble getting approved for regular credit cards, don’t feel too bad. It’s often difficult for those just fresh off of bankruptcy to qualify for traditional credit cards. One thing you can do is obtain a secured credit card, which requires you to make a cash deposit. Once you make timely payments on this card, you may be able to qualify for regular credit cards.

Check Your Credit Report

Since errors can occur on credit reports, you should check yours after filing for bankruptcy. Make sure that all the debts you discharged don’t show up as active on your credit report. If you detect errors, let your bankruptcy lawyer know immediately.

 

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Truck Driver Fatigue And Unfair Fault Tactics

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Truck Driver Fatigue And Unfair Fault TacticsTruck accidents can happen for a myriad of reasons, which can be related to truck driver negligence, poor weather, road conditions, and more. But in most truck collisions, it is the trucker’s actions that are the primary cause of the incident. Among the reasons why truck accidents occur, trucker fatigue is the most prominent. In fact, trucker fatigue is a factor in about one in every ten truck accidents. But unfortunately, victims who get hurt in truck collisions may not realize that trucker fatigue is a real thing, and could be the reason they were seriously injured. Unfair fault tactics may be placed on victims when trucker fatigue is the actual culprit.

The trucking industry delivers goods all across the nation, and their focus is getting to their destination as fast as possible. There are regulations that oversee how many hours a trucker is permitted to drive within a set period. Truckers can operate their vehicle up to 60 hours within a 7-day period, or 70 hours in an 8-day duration, and still are not violating the Federal Motor Carrier Safety Administration rules. Truckers may be under an immense amount of pressure to get where they need to be timely, so they may falsify log books or skip out on rest breaks to meet the deadlines expected of them. 

Due to the pressure of delivering cargo as soon as possible, it is not surprising that truckers are users of stimulants to keep themselves awake for extended periods of time. Stimulants can increase fatigue instead of relieving it, as they mask tired symptoms for a while, but then wear off, leaving the brain and body to not get the rest they need. When these stimulants are no longer effective, the driver may suddenly be overcome with mental and physical fatigue. The stimulant may be active in the body, but it may not have the effect the driver hopes for, resulting in a blurry alertness and tendency to be inattentive to the road ahead. 

As a truck accident lawyer victims trust from the Law Office of Daniel E. Stuart, P.A. has investigated in past cases, there may be proof of stimulant use from reviewing the truck driver’s logs. Or, there may be signs that the truck driver purposefully lied on the log books as a way to avoid responsibility if a truck accident happened because of fatigue. The trucking company’s insurance may claim that the driver of the passenger car was reckless or negligent, with the intention to unfairly place blame on them for what happened. However, this is often just a tactic to avoid liability so the trucking company doesn’t have to pay out the victim in restitution for the property damage and injury that ensued. 

Even if the passenger driver had contributed to the truck accident in some way, the compensation amount may be reduced by their percentage of fault. Victims of truck accidents must be transparent with the team at their chosen law firm, similar to the Law Office of Daniel E. Stuart, P.A., so that the best strategy can be developed when pursuing fair restitution for all they have been through.

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5 Things You Need To Know About Commercial Litigation

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Commercial litigation may seem like it’s only relevant to businesses, but that’s far from the truth. Even if you’re not an entrepreneur, you may find yourself on the wrong end of a lawsuit at some point in your life , in fact, every year, millions of people are involved in some type of commercial litigation. Whether it’s an accident that goes too far, or some type of property dispute, commercial litigation can be an expensive and stressful experience that may be beyond your legal expertise. Our friends at Mahdavi, Bacon, Halfhill & Young, PLLC have put together some things you should know about commercial litigation Manassas, VA.

1) What is Commercial Litigation?

Commercial litigation is a type of civil lawsuit that arises out of disputes between businesses. These disputes can involve contracts, tortious interference, breach of fiduciary duty, and many other issues.  Tortious interference with contract or prospective economic advantage occurs when one party intentionally causes harm to the contractual relationship or potential business opportunity of another party. The elements required for this type of claim are: (1) the existence of a valid contract; (2) knowledge by the interfering party that there was such contract; (3) intentional interference with either the performance or benefit under the contract; and (4) damages caused by such act.

2) What Are The Legal Issues In Commercial Litigation?

The legal issues in commercial litigation are numerous and complex. In a nutshell, they involve breach of contract, fraud, misrepresentation, and other business torts. But that’s just the beginning. To fully understand the legal issues at play in your case, you’ll need to consult with an experienced commercial litigation attorney.

Due to the  numerous issues, the process of commercial litigation can be long and drawn out, or it can be relatively quick and painless. It all depends on the specific facts of your case and the willingness of the parties involved to negotiate a resolution. If you’re headed for trial, be prepared for a lengthy and costly process.

3) How Much Does it Cost to Sue Another Business?

The cost of commercial litigation can be significant. If you are the plaintiff, you will likely need to pay an attorney’s fee, as well as any filing fees associated with your case. If you are the defendant, you may also be responsible for these costs. In addition, commercial litigation can be time-consuming, so you should be prepared to devote a significant amount of time and resources to your case.

4) Who Sues A Business in Virginia?

In Virginia, businesses can be sued by consumers, other businesses, and even the government. The most common type of lawsuit filed against a business is a breach of contract claim, but businesses can also be sued for things like fraud, negligence, and wrongful termination. If you’re a business owner in Virginia, it’s important to know your rights and have a plan in place in case you’re ever sued.

5) Where Do We Sue When It Comes To Commercial Cases?

If you have a commercial litigation case, you will likely sue in state court. The reason for this is that most contract disputes involve state law. However, if your case involves federal law, then you will sue in federal court. For example, if you are suing for breach of a contract that was made with a person in another state, then you would sue in federal court because it is a contract dispute between two states.

If you are experiencing commercial litigation, contact an attorney for help with your case today!

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