ExpertAdvice

Introduction The doctrine of privity of contract is the relationship that exists between parties to a contract. Only those parties to the contract are bound by it and are able to enforce the contractual obligations under the contract. The concepts of novation and assignment, although not exceptions to this rule, are contrary to the principles outlined in it and have developed to overcome restrictions imposed by the doctrine. Privity of Contract The principle that a person can not enforce obligations under a contract to which he is not a party to was established in the case of Tweedle v Atkinson (1861) 1 B. & S. 393 where A promised B that he would pay a sum of money to B’s son, C upon his...

Unemployment in the US stood at 9.6 percent last month. That was considerably higher than expected when the fledgling Obama administration economic team projected in January 2009 that unemployment would go no higher than 8 percent. The number of underemployed in the US -- defined as those unemployed plus those working part-time but wanting full-time work -- is even higher. Gallup polling estimates of underemployment have ranged between 18 and 20 percent throughout 2010. With private employment increasing --albeit tepidly -- through most of this year, the picture seems finally to be improving. Slowly. The question I'm struggling with today is what about the record number of the long-term unemployed...

Wage garnishment is any time a lender obtains a court ruling to have a portion of the income gained directly from a customer's earnings or tax refunds. It ought to be declared that consumers have particular statutory privileges in relation to wage garnishment. These rights outline the portion and sum that can be utilized and, in certain areas, the volume of garnishments. Also, several states limit or usually do not permit garnishments. The majority of wage garnishments are caused by order from the court following a creditor sues and is granted a verdict. This verdict consequently gives the judgment creditor or his agents the right to get a percentage of the judgment debtor's particular income to...

Labor law attorneys deal with a broad range of labor issues mainly related to how employers treat employees, former employees and applicants for employment. This includes all the areas of the employer-employee relationship, negotiations, and the collective bargaining agreement. Generally, labor laws were designed to create a bargaining balance between employers and employees; prohibiting management and the union from engaging in "unfair labor practices" and encouraging both parties to engage in faithful collective bargaining. Labor laws also grant employees the right to unionize and allow employers and employees to engage in typical union activities like strikes, pickets, seeking injunctions, and...

Regardless of why you are considering hiring legal representation, you should learn as much as you can before beginning. This article will provide you with information on the types of scenarios that might require assistance from employment lawyers. Discrimination is perhaps the most frequently encountered type of employment lawsuit. Federal law bans employers from using a persons race, religious views, gender, original nationality, handicaps, or age when deciding to hire or fire someone. Unfortunately, discrimination still happens quite frequently. A civil rights attorney can help you understand whether or not your civil rights have been violated. Another area in which employment lawyers could be...

It was believed women were leaving the workplace to take care of the household, not true, women have been leaving the work force due to cutbacks, lay offs and lower wages. Women have on average made less than their male counter parts and due to the recession our country is going through the number of women falling deep into debt has risen. The average American family has an estimated $8,600 worth of unpaid credit card debt, when we talk about women many of whom are single mothers along with mortgage payments, car payments, education, medicine the average credit card debt for an American family is too much to handle. Many have refinanced their homes, taken loans out on pension and retirement accounts...

I was in this situation once. -Employers usually have these termination papers drafted by an attorney. My employer asked me to sign an agreement upon my termination. They were trying to protect themselves from future lawsuits or from me filing for unemployment benefits. I did the smart thing and did not sign anything until my attorney reviewed it. Now you might say that it is too expensive to ask a lawyer to review these documents. Most attorneys out of the yellow book will cost about $300 an hour. -When my employer terminated my employment, they asked me to sign documentation. They are basically telling me that they might have done something wrong in the past and are worried about me filing a...

The Vice President has always been good for a quote, or in many cases, a misquote, when it comes to explaining the reality of our world. However, many times you wonder if he and the rest of us are living in the same world and reality or we are stuck in some sort of twilight zone world where reality takes on a distorted sense of truth. This twilight zone image came to mind earlier this week when the Vice president acknowledged that while the recovery from the recession was proceeding slower than expected, there is "no doubt we are moving in the right direction." If he thinks we are moving in the right economic direction, than he and I are stuck in some sort of distorted reality, given what is...

One of the most important benchmarks of economic health is the employment of a countries work force. This economic data in the U.S. can be found in the jobless claims report. All economic indicators are watched closely by economists and the jobless report is no different. The workforce is one of the three main components of every economy which makes jobless claims one of the most scrutinized and newsworthy report of any of the economic indicators. The jobless claims report provides detailed data of Americans filing for unemployment benefits for the first time. Also known as The Employment Situational Summary the jobless claims report is released by the U.S. Department of Labor: Employment and...

As April 15 approaches, tax returns can be one difficult time for people with checkered work records and little available cash. They still have a date with Uncle Sam even if they were unemployed in 2008. A recent report showed that 2008 was a bad year for 2.6 million Americans who lost their jobs, the highest job-loss count in over six decades. "More people than ever before may be experiencing, for the first time, unemployment and the tax implications related to that," revealed Mark Steber, vice president of tax resources at Jackson Hewitt. Here are some guides that may help those unemployed taxpayers in 2008. Will I still have to pay tax even if I was unemployed in 2008? If you received a W2 from...

Great care should be taken when approaching your employer with your letter of resignation. Regardless of how poor your experience may have been while working for a particular company, all resignations should be handled in a professional manner. While you may be looking forward to starting your new job, you will also need to say goodbye to colleagues whom you may have developed close relationships with. Whatever your resignation story may be and however interesting it may sound, aim to resign with dignity and pride and never burn your bridges. There is usually a compelling reason to look for a new job and to want to quit your current job and most of the time it's because your current working...

In a down economy, it can seem like everyone is out of a job. And yet, even in these times, there are still jobs to be had and made. Companies are still growing, and some industries - such as massage therapy - are still thriving. Many job seekers are unsure about how to proceed beyond filing for unemployment benefits and searching the classifieds. Luckily for you, there is so much more you can do! Use these techniques to find your next job! - Start a blog. There are many free hosting sites - is my favorite. Publish at least twice a week (Tuesday and Thursday are good days for maximum traffic) on professional topics. If you are a fashion designer, start a style blog. If you are a grant writer, give...

The result of the recession that has taken into hiatus since early months of 2008 has spread even to the employment arm of the business sector. Just a few days ago, there had been a staggering increase in the number of Americans filing for unemployment and several hundreds of thousands of these filings have already been compensated by the government. Even the President accepted in his weekly address that the unemployment rate that the country is experiencing today is the highest since the last economic depression happened during the Nixon time. This effect resulted to massive decline in employment and high competition among job seekers. The payout of the unemployment benefits or claims is just part...

Wayne Gretzky, the Hall-of-Fame hockey player was once quoted as stating that the reason for his success was that he "always went to where the puck would be, not where the puck was at." Anyone who is able to read or turn on a television has heard the news: we are in a recession. Everyday it seems that one company is trying to outdo the other company in terms of how many people they can lay off. Just last week, on one page of the Wall Street Journal I counted over 30,000 job positions that were cut due to the poor economic conditions in the marketplace. That's 30,000 moms and dads, sons and daughters, friends and co-workers that no longer have a job...or a source of income. And that was just one day...

When you're experiencing difficult financial times or an unexpected expense, a payday loan can be a convenient short-term financial solution to your problems. A payday loan gives you quick access to the funds you need for those situations where you just cannot wait until your next pay date. These types of situations happen to all of us, and range from things like an emergency medical visit to an unexpected car repair. When you don't have the money you need, and your friends and family aren't in a position to help you, a payday loan can be real lifesaver. In most cases, getting a payday loan is an easy and convenient process. You can obtain one without the hassle of putting down a deposit, collateral...

What you do immediately after receiving word that your current job is gone can make a big difference in how you will be able to support yourself and your family. Making the wrong decisions can have dire consequences over the long term. Employees leaving their employers, either on their own terms or on the terms handed to them, can greatly benefit from professional help to sort out the options they have available. A financial advisor can help you to both take control of your financial life and define your goals so that you achieve the security you need. Contact your state unemployment insurance agency as soon as possible after losing your job. UNDERSTAND THE COMPONENTS OF YOUR SEVERANCE PACKAGE You...

Not long ago, an "acquaintance" of mine, and I use that term in most loosely fashion, as in about as much an acquaintance as half of the so-called friends on your Facebook Page - explained that something must be done to save the 99'ers, and I am thinking; "hey the 99'ers are doing fine," but then he explained which 99'ers he was talking about. You see, he meant those individuals who had been out on unemployment for 99-weeks and would soon lose their unemployment benefits. Indeed, I was puzzled because, 100-weeks is almost 2-years, and we as tax-payers cannot pay people to "not work" forever. And while they were collecting these benefits we should have been requiring community volunteer work; coach a...

The U.S. is mired in the worst recession since World War II with nearly 15 million people unemployed today. There are numerous tax provisions that are available to help the unemployed and also help mitigate the costs of finding new employment. Job-hunting expenses.: Such expenses are deductible to the extent they exceed 2% of adjusted gross income. Examples include: 1. Employment agency fees. 2. Classified ads. 3. Job counseling and referral services. 4. Costs of resumes (printing, postage). 5. Travel for interviews. 6. Telephone/Internet costs etc. In order to deduct job-hunting expenses, the taxpayer must be seeking employment in a trade or business in which he or she is or was employed. The...

Being unemployed can leave you with plenty of financial problems - the biggest being the need for cash to pay your bills.  That's why more and more unemployed workers are turning to unemployed loans.  There are plenty of companies that offer loans for the unemployed, but are they really worth it?  Before you apply for any unemployment loans, ask yourself these 5 questions:   1.  Are unemployment loans really necessary? For unemployed workers who are running out of cash, it can be awfully tempting to take advantage of a loan offer, but do you really need it?  Remember, you'll have to pay the loan back, and if it takes you a long time to find another job, repaying your unemployed loans can...

p>Gas and electricity is the same wherever you buy it from but there are thousands of different tariffs for business energy users amazingly it can differ in price threefold in the UK. As a result British businesses are collectively pay £2 billion more than they need to on their energy bills. That's more than £1,000 for every business with an electricity meter, simply going to waste. A lack of published information makes it almost impossible to compare prices. As a result, very few businesses manage to get on the best rates and even then they are unlikely to stay on them once the initial fixed term has ended. This is because business contracts automatically roll over, locking you into a...

Over 1.2 jobs have been lost this year, and there are more losses to come. So what do you do when it happens to you? 1. Understand Your Options. Most companies provide some sort of severance or termination letter. Be sure to review it carefully. Check with a lawyer if you think it makes sense. Give yourself some time to think about your rights and options before you sign anything. 2. Tell Your Loved Ones. Losing your job can make you feel alone and hopeless. This is not the time to feel ashamed and try to hide what is happening. You didn't make this happen and it won't affect just you. Talk to someone who will be understanding and give you some emotional support. Let your kids know that you'll be...

Primarily, employment law covers all rights and obligations within the employer-employee relationship -- be it the present employees or former employees. Due of the intricacy of employment relationships and the complexity of situations that may occur, employment law entails legal issues as varied as discrimination, wrongful termination, wages and taxation, and workplace safety; therefore, many of these issues must be governed by applicable federal and state law. However, a valid contract should be agreed upon by the employer and the employee -- stating contract law alone may present and hereby impose the rights and duties of the parties. Evidently, all employees have basic rights in the workplace...

INTRODUCTION I write this piece to share my personal and professional experience with all of you aspiring entrepreneurs in out there regarding issues that you will likely have to face when starting your own business. Please note that some of the legal topics in this piece apply to someone starting and operating a business in Ontario, Canada. DO YOU HAVE WHAT IT TAKES? Experience and education You need the technical education and experience in your area of interest to provide a great service or product, whether you're an accountant, a furniture salesman or a web-designer. But if you have only this, it only qualifies you to be great employee. It doesn't mean you are able to run a business. To...

Most executives, sometime in their lives, will be faced with the loss of a job. This can be seen as a disaster or an opportunity. Regardless, there are some common-sense things that anyone faced with job loss should and should not do. Here are the most important ten things to help you survive right after termination. 1). Respond, don't react. Before you do anything, take a very deep breath. Then, with dignity, shake hands with the person who laid you off or fired you, thank him or her for the time you've worked at your company, and ask what needs to be done at that point. Remember that these people will be giving you a reference. Leave them with the impression of a professional. 2). Do not do any...

The steps outlined below will help to answer some of these very questions and provide guidelines to follow when faced with a layoff situation: 1. Consider the alternatives. A knee-jerk reaction may result in a quick layoff and a quick buck, but it may not be the best solution long-term. Before making a layoff decision, always consider the alternatives. Layoffs should typically be a last resort, after other cost-cutting measures don't pay off. Work sharing, for example, is one option that may help the company save some money and still allow employees to retain their jobs. Work sharing allows two employees to share the responsibilities of a full-time employee. Company-wide pay cuts may be another...

There are specific guidelines provided by IRS on which items are to be included in the employee's gross income. It is better to know them well. 1. Advance commissions - If you are receiving some money by way of commission for services to be performed in the future and if you'll maintain your records on cash basis, you have to include these amounts in the year in which you receive them. If you repay on core and commission in the year of their receipt, you can reduce the amount from your income. 2. Back pay awards - If you are awarded money in a settlement or judgment for back pay, you need to include this in your income. This includes money received for damages and unpaid Life...

Times aren't like they used to be. Once upon a time, when a person was laid off from his or her job due to downsizing or other reasons, their next step to finding a new job was get in line at the local unemployment office or start circling the classified ads in the newspaper. Essentially, separating employees were left on their own to seek new employment. Nowadays, organisational restructuring can lead to generous financial benefits and employee access to outplacement programs which can ease the transition. Outplacement done well offers employees a far more palatable means of separating from an organisation, and can leave their former organisations a legacy of surprising benefits. Outplacement...

If you've currently found yourself unemployed, don't get discouraged....you're in good company. The unemployment figures in the US are higher than they've been in decades. Now that the unplanned and unwanted event has arrived, if you have a savings account, regardless of how much you've put into it, and you have some available credit lines, you'll have two tools that will be a huge help to you to get through this time without damaging your credit. Let's look at some steps that you'll need to take. Time To Recalculate The Family Budget Sit down with your family, including your children, and discuss the situation. You'll need to talk about temporarily reducing expenses to keep in line with your now...

Compromise agreement may be a complex subject for employers but it is very necessary. Experts assert that the deal could be a lifeline in instances when the employer may face a dilemma over terminating an employment abruptly for inevitable and unforeseen reasons. The document could also be important in helping a business avoid any possible legal hurdle or claim that an employer may file in the future. The compromise agreement must be based on current UK legislation as well as best practice. The first thing any employer should do when considering embarking on a significant change in business landscape is to consult a competent and highly experienced employment lawyer. A compromise agreement is a...

What Happens When A Maryland Wage Garnishment Strikes? There is almost nothing like receiving news from your employer that a Maryland Wage garnishment has been served upon them. Fear, confusion, anger and helplessness set in for the debtor and probably in that order. How can this happen? How will I feed my family? Who is going to pay my rent? What can I do to stop it? These are some of the familiar questions that swirl through the minds of the recipients of MD wage garnishments. In hard economic times such as the ones we are living through, a wage garnishment can make your budget impossible. Under Maryland Wage Garnishment laws, your employer must obey the court and deduct 25% of your net or after...

You don't want to be ripped off by your employer. Under California wage and hour law, you are entitled to overtime pay. This Guide will help keep your employer's hand out of your wallet. WORKING OFF THE CLOCK With these trying economic times, more and more workers are being forced to forego pay which they are entitled to under California law. This is happening across America. Not just here in California. With high unemployment and so many over-qualified job seekers many workers feel pressured to work "off the clock." That is, not receive wages that they are entitled to under the law. For other workers, they feel pressured not to report employers stealing their wages, because they know that the next...

Has your vehicle lost value after an auto accident? How many of us would agree to pay the full fair market value for a car that we knew had received substantial property damage in an accident? One of the basic questions any buyer asks before purchasing a car is whether it's been damaged in an accident. Professional auto buyers are trained for the signs indicating body repair damage on a car. The average person knows they should always request a Carfax report on a vehicle before purchasing it. This is because we all recognize that vehicles lose their value after the vehicle sustains substantial damage in an accident. Vehicles simply are not worth as much as a vehicle that has never been damaged...

Every jurisdiction has a body of laws that governs all aspects of real estate, and Arizona is no different. Its real estate laws, rules and regulations have been in place for decades, and given the number of home loan modifications in Arizona that are being sought, many are wondering how or if these laws apply to that desire. Below is a brief overview of how the real estate laws in Arizona affect home loan modification, but if you'd like to obtain individual answers to your questions as they pertain specifically to your situation, contact the attorneys at Phillips & Associates today to schedule an initial consultation. In general, real estate law is governed by the law of contracts, as these...

unfortunate but true, that many people do not even consider consulting a tax attorney until they open their mailboxes one day and there is that dreaded letter from the IRS. A tax attorney is a lawyer that specializes in all areas of taxes. The tax attorney is required to attend law school for one to three more years, after regular law school, to receive their Masters in taxation. The IRS has its own group of experienced tax attorneys, so if there is ever a time when you need to face the IRS for any reason, it is imperative that you have your own tax attorney with you. A tax attorney has all the tools and means necessary to handle any tax matters that come up during any tax disputes or issues. If you...

Product liability is a kind of personal injury that is caused by the use of dangerous and defective product. In such cases, it is possible for the victim or the survivors of the victim to recover damages under product liability claims. Product liability is normally comes under tort law and contract law. Product liability law is there to protect the consumers of defective and dangerous products who suffer injuries as a result of using these products. The second important feature of product liability law is to hold responsible those who put dangerous and defective products into market. They may include manufactures that make these products, retailers and distributors who make available these products...

I stumbled onto Twitter as a marketing tool completely by accident. I was looking for a way to promote a book I'm working on, and a friend suggested that I do two things: Start a blog and get on Twitter. "What is Twitter? I don't get how will it help me promote my book to tell people what I am having for breakfast," I replied. "It would take me too long to explain, just try it out," he said. What follows here is a week-by-week review of how I learned that Twitter can be an important business-development tool for lawyers and law firms. Week 1: Signing up The sign-up at Twitter. com was just like everything else. I needed to add a picture but luckily, I was still holding on to the picture used for my...

Real estate is a booming business in America. With millions of dollars worth of property being bought and sold every day, real estate is definitely a popular commodity. To deal in real estate, a person needs to acquire a real estate license. This could be considered a passport to a lucrative career in real estate. The process of acquiring a real estate license is simple. There are a few eligibility criteria to be observed. Any applicant must be at least 18 years of age when applying for a real estate license. The applicant should not have had a real estate license denied within one year, or revoked within two years from the date of application. More importantly, if the applicant was originally...

Debt relief networks are one of the best places where one can look for genuine debt relief and settlement companies. A consumer to whom the concept of debt settlement is new may find searching for options very confusing. The internet being the provider of all information also has lists of numerous debt relief companies. Question of which reputations are legitimate instantly arises in the minds of consumers. It is a sad truth that there are too many fraudulent companies operating imperceptibly in the market. If the inexperienced debtors fall into the trap of these companies, they may end up paying dearly for it. To prevent this unfortunate situation it is considered wise of a consumer to look...

If you search for debt relief firms online you will be overloaded with results. The reason behind this is that now there are many fraud firms in the market that trap people and throw them into much worse problems. The best firms are enlisted with the debt relief networks and people are advised to first go there before hiring any relief firm. The debt relief networks work with a number of settlement companies, but all of them have one thing in common: they all are real. The purpose of a network is to track and monitor all corporations within their network. When people contact them they are satisfied to hire a valid company which will be successful in attaining debt elimination for them because these...

To use an analogy, in a life insurance policy, the beneficiary has no "status" until the death of the named insured. In an annuity, the beneficiary has no "status" until the death of the annuitant. Similarly, the beneficiary of an annuity has no control of the policy and has no say in the management of the policy. The annuitant benefits from an annuity only when the annuitant dies. The beneficiary can be either an individual, or a trust, corporation or partnership. There does not have to be any relationship between the beneficiary and the annuitant - indeed, they could conceivably be (but highly unlikely) total strangers. The application form used for an annuity allows the owner to state multiple...

From a legal standpoint, the most important page of any website may be its Terms of Use page, which describes the terms and conditions which govern the relationship between the user of the website and its publisher. Properly drafted Terms of Use can be an invaluable tool in protecting e-commerce businesses from frivolous lawsuits and crippling legal exposure. Though the Terms of Use used by many websites are similar they are not a "one-size fits all" solution. Each e-commerce business has a unique relationship with its customers which must be reflected in its Terms of Use. Moreover, Internet contract law differs from jurisdiction to jurisdiction and changes over time, as more courts are called...

ators of Superman sold their copyright during the Great Depression for $130. Their heirs are now in the process of reclaiming that valuable copyright. Their tale is a graphic demonstration of the important copyright reversion rules under the Copyright Act. Under the Act, artists who sold their works many years ago are entitled to recover them, even if they signed contracts that said otherwise. This article explains the importance of these copyright reversion rights and what artists must do to reclaim the rights to their work. demonstration of the important copyright reversion rules under the Copyright Act. Under the Act, artists who sold their works many years ago are entitled to recover them, even...

There has been some news lurking out there and it only just surfaced for unwary property purchasers in Cyprus. But there is no need to worry. It came out publicly rather suddenly in a phone in programme on CyBC (Cyprus Broadcasting Corporation) Radio 2 on 16 November 2006. There are various maxims which lull property investors in Cyprus into a false sense of security with statements, for example, like the Laws of Cyprus are very similar to the UK. There are similarities, for example, in terms of the principles of the law of contract and there is a Land Registry but that is as far as it goes. Hopefully you hire a good independent lawyer but sometimes buyers find someone who is just not good enough...

Debt negotiation has become a common solution for those who are desperately trying to get rid of debt. Eliminating a substantial portion of your dues will sound great but only if you negotiate your debt with the help of a responsible and an expert debt negotiation Company. In any event, a legitimate service provider has to be selected before we embark on this journey. However, before opting for debt negotiation, we need to be aware of some fundamental risks associated with the negotiation process. We will then have to take a decision as to whether we vote for negotiation or some other alternative approach in order to avoid or mitigate those risks. The major drawback of debt negotiation is its impact...

Zhang Shu Yu Yong's wife, Department of State, in the present case, Zhang Shu Yu at home to hear the case, the phone with people talking about the insider information, albeit passively, by chance learned and actually has become inside information, insider trading, non-disclosure cannot and does not recommend others to buying the "three". But the case for Zhang Shu Yu accident was informed of the specific conduct administrative punishment, is the first law enforcement practice of the Commission. In the Securities Act, insider trading, including two types of people, that is, inside information, the official and illicit access to insider information. For inside information, insider make legal...

Zhang Shu Yu Yong's wife, Department of State, in the present case, Zhang Shu Yu at home to hear the case, the phone with people talking about the insider information, albeit passively, by chance learned and actually has become inside information, insider trading, non-disclosure cannot and does not recommend others to buying the "three". But the case for Zhang Shu Yu accident was informed of the specific conduct administrative punishment, is the first law enforcement practice of the Commission. In the Securities Act, insider trading, including two types of people, that is, inside information, the official and illicit access to insider information. For inside information, insider make legal...

Debt Collection Activities, continued For Arizona business owners, four most effective and common types of debt collection activities are the demand letter, mediation, arbitration, and litigation. The value of these processes varies in every case, but the explanations of each one are explained below. This is an article from a Scottsdale, AZ law firm about debt collection and business contract law, and deals with arbitration and litigation as they relate to contract debt collection for a business. Arbitration This is a similar procedure to mediation, but the final outcome is completely binding upon both parties involved. In arbitration, the legal council of both parties selects and agrees upon a...

Prenup | Prenuptial Agreement Forms : how can they be challenged?   Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to getting a prenuptial agreement, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. We will soon be offering Prenuptial Agreements in our Legal Forms + Video Guides section. You can contact me directly if you need a lawyer. This is the second of a series of article posts I'm writing about prenups or prenuptial agreements for...

Prenup | Prenuptial Agreement Forms: Tips to avoid having them challenged. Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to getting a prenuptial agreement, you should seek professional assistance (e.g. make a post on Dynamic Lawers). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. We will soon be offering Prenuptial Agreements in our Legal Forms + Video Guides section. You can contact me directly if you need a lawyer. This is the third of a series of article posts I'm writing about prenups or prenuptial agreements for...