ExpertAdvice

Most people wondering what does the Bible say about marriage have probably heard one of two things. Either that Moses allowed a man to divorce his wife with a letter of dismissal or what God joins let not man put asunder. Interestingly, it says both. Jesus, however, explained that. God allowed the letter of dismissal in the days of Moses on account of their hard hearts; not a compliment to their faith or character. The Old Testament even seems to allow a man having multiple wives. Yet, if you read the Bible, you will see that that practice led to nothing but trouble. So, what does the Bible say about marriage in the New Testament? Here you will find people saying that divorce is not allowed. But...

It is five o'clock in the afternoon and you are just about ready to make that long commute home, when your immediate supervisor hands you a white envelope. You initially experience some anxiety, so you wait to open it until you get to your car. You think to yourself, I sure could use a bonus right about now. You finally get to your car, you open the envelope and find out that, instead of receiving a pay increase, you received a pay cut. Ouch! In the economic times we live in today, this is a very common scenario. If it is not a letter of termination, it is a reduction in one's income. An area where payroll cuts are inevitable are for state workers. Type in a keyword phrase 'state employee cuts' and...

You may be moving to a different state, switching vehicles or simply dissatisfied with your existing company. The reason is yours but as a customer, you certainly have the right to switch carriers. Do provide sufficient notice to your existing carrier. And this is not for mere courtesy. Doing otherwise may cost you financially as well as impacting your credit history negatively, whether you think you deserve it or not. How do I cancel my insurance policy? Cancel your existing policy with a written letter of termination with a date for which this becomes effective. What happens if I fail to inform my insurance carrier properly? Failing to do so will not cancel the recurring monthly bill. You will...

Debt settlement letter plays an important role in the debt negotiation process. In my personal point of view, this process can't be considered complete if there is no written request from the debtors to their creditors. In return, the creditors must send new agreements to the debtors to confirm their acceptance. Many people do not see the importance of writing a payment settlement to the creditors. In fact, writing this letter of request can help to dig the debtors out from deep debt. In general, during economy downturn, many creditors are willing to provide "discounts" to their debtors. The creditors either help to reduce the total debts or lower the interest rates or waive the late fees. This will...

We do a training called the "5 Pillars for Success". These are the pillars that YOU as an MLM distributor need to have in place for success. It's not what a network marketing company needs. It's you, the distributor, and that is an important difference to understand. The top company in the network marketing industry does $10 BILLION in sales every year. Company #2 does 1 Billion a year. And what's amazing is, Company #1 pays only about 10% of the commission that Company #2 pays! Company #1 is very profitable. But, aside from the old-timers, the distributors are not profitable at all. Do They Even Know How To Spell MLM? So company management experience with integrity is Pillar #1. Has that CEO or...

Arizona employers who misclassify their employees as exempt or as independent contractors may be required to pay damages and penalties to those employees. State and federal laws allow Arizona employees to recover unpaid wages and/or penalties when such employees are not paid all wages they are entitled to be paid during the term of their employment. Two common mechanisms employers use to deny compensation to employees, sometimes without the intent to do so, are misclassifying an employee as an "exempt" employee and misclassifying an employee as an independent contractor. Regardless of whether such a misclassification is the result of the ignorance of the employer; an accidental oversight, or a...

An all too common question that immigration law attorneys dealing with H1B cases encounter is whether it is possible for an H1B worker to port his or her employment to a new company if this worker does not have recent pay stubs. Consider the example of R.S. Singh. After Singh graduated with distinction from a reputable Indian university, he was offered a job by a US consulting firm, YKK Infosys, promising to pay him $60,000 a year as a systems analyst. YKK filed his H1B petition with the US Citizenship and Immigration Service, and the petition got approved. Shortly thereafter, Singh obtain his visa and gained admission to the US. As soon as Singh arrived, willing and able to work, the employer put...

The Alabama bankruptcy laws are a bit different as compared to the other states of the United States of America. If you are a permanent of resident of Alabama planning filing impoverishment, it is important for you to know the specific laws that are applicable only in Alabama. Furthermore, you also need to be very careful while hiring the bankruptcy attorney to handle your specific case. You must make sure that the attorney you have hired is aware of the specific laws of your state. What is more, you also have to make sure that the attorney has a valid license to handle these cases in the state of Alabama. The basic difference of the insolvency regulations in the state lies in the way the various...

Utah may be known as the Beehive State, but the UT State Treasurer's Office is holding a treasure that's sweeter than any honey. Each year millions of dollars in abandoned assets are turned over to the state treasury department in the form of Utah unclaimed money. As of 2005, the state treasury was holding more than $100 million dollars, waiting for the rightful owners to step forward and take back what is owed to them. Though it's tough for most people to believe that this money is real, because it's almost inconceivable that people could simple "forget" about such large sums of money, but in fact unclaimed property comes from accounts and assets most of us have and use on a regular basis. Though...

In a recent piece I outlined 5 tip-offs that reveal when straight commission jobs are rip-offs, or at least "opportunities" you should decline. But that article left me feeling I created a vacuum. I didn't disclose the five ingredients we should look for, so here they are: (1) There needs to be a SUBSTANTIAL payoff for success. You're taking on a lot of risk, and of course the primary one is that you'll invest your time, talent, effort, and ego in an utter loser and emerge with zilch. There is a simple balancing formula that investors use for evaluating an opportunity: Does the reward substantially outweigh the risk? If not, then pass. (2) The ultimate compensation must be greater than that being...

It has often been considered that a company director cannot claim redundancy, and loss of other benefits of his employment when his limited company goes into Liquidation. The Insolvency Service booklet “ Redundancy and Insolvency a guide for employees” sets out the guidance on who can claim in a liquidation, when and for what. The payments are made from the National Insurance Fund in the case of a company which is insolvent and cannot pay its statutory dues. The Redundancy Payments Office then deals with the claims and makes the payments. The guidance says that a company director will not qualify if they only deal with company policy or go to board meetings in return for fees. However if they...

Short sales, short sales, short sales. They are everywhere. Many Bradenton - Sarasota, Florida homeowners are facing the risk of foreclosure in our declining market. For some, a short sale may be the solution. This is the 9th in a series of articles to help Bradenton, Florida homeowners understand short sales. When you go through the short sale process your lender will require certain documentation. Remember, the lender does not want to take the home back through foreclosure. That is a last resort for both the homeowner and the lender. The lender would rather accept a short sale as long as the borrower can show an inability to pay the mortgage. Each lender has their list of required documentation...

Financial Planning Solutions for Professionals/Business Owners There are many options and product solutions available for incorporated small business owners as well as professional business owners. In this article, I will explain some of the products that are available to solve possible issues. Starting off, we will look at the product solutions that are available and I will further discuss some of the key benefits they provide. Strategies and forms of creditor protection - Incorporate the business - Still liable if you co-signed or guaranteed loans (avoid personal guarantees) - Directors' liability - unpaid wages, CRA claims - Doesn't eliminate liability for professional negligence - Purchase...

Life is not a "bundle of roses" for expatriate workers in the Middle East as most of us think. Once the ultimate job destination for numerous Indians, Chinese, and Pakistanis, today, Gulf countries face a severe crunch of skilled workers these days. Thanks to the economic progress of most of the Asian countries. Still the number of expats in the Middle East is quite large and the challenge of protecting their rights in this region has been highlighted in the media as well as many government reports. It is estimated that more than 90 per cent of the private sector workforce, belong to places outside the Emirates and they collectively sent money home worth US$16 billion (Dh58.79bn) as payments in 2006...

As the current economic storm continues to rage and the credit crunch continues we head helplessly into the abyss which is the recession, employment solicitors in the south of England are preparing for a very busy time as employees are looking to gauge exactly what their rights are in these troubled times. Many people are taking the precautionary steps by looking for information on their employment entitlement and what to do should the worst happen. The head of employment law for a leading solicitor in the south has advised that people who do know their rights will be best placed if they were to loose their jobs in the coming months. With all the financial worries that face businesses of all sizes...

It all starts by defaulting on an obligation: Money owed to creditors or to suppliers is not paid on time, interest payments due on bank loans or on corporate bonds issued to the public are withheld. It may be a temporary problem - or a permanent one. As time goes by, the creditors gear up and litigate in a court of law or in a court of arbitration. This is a technical or equity insolvency status. But this is not the only way that a company can be rendered insolvent. It could also run liabilities which will outweigh its assets. This is bankruptcy insolvency. True, there is a debate raging as to what is the best method to appraise the assets and the liabilities. Should these appraisals be based on...

Redundancy at the moment is a very real threat for most of us and when this happens we can start to feel very vulnerable. Panic can set and and we often freeze and pretend all is fine. There are plenty of things you can do to take control of your life again. The UK job situation is looking getting a lot worse and now is a good time to consider Redundancy Protection. The number of people claiming Job seeker's Allowance rose by 31,800 in September, to 939,900. This was the eighth consecutive monthly rise. Also this week the Bank of England governor Mervyn King expressed concern about rocketing job losses. And Gordon Brown eventually admitted that there was 'likely' to be a recession. I think we all...

A particular Labor Law violation in Los Angeles deserves a particular action that needs to be done in order to avail all the guaranteed legal remedies. Thus, all employees must be familiar of the various laws that state their rights and obligations. With adequate understanding of these provisions, they may accurately define what exact violations their employers may be liable of. These are some of the common bases for employment complaints and its corresponding government agencies handling employee grievances: - Wrongful Termination - this pertains to the illegal discharge of an employee without any just reason. Usually, this performance occurs as due to an employer's retaliatory acts against an...

In December of 2008 the employees of Republic Door and Window were laid off with three-day notice, not the 60-day layoff notice that is required. How could this happen? Well, credit markets are tight and the company could not get the money it needed to pay the expenses, so it was forced to close its doors. Obviously with new housing starts at a standstill and the subprime mortgage crisis, not too many home builders are ordering lots of doors or windows and with the economy at the bottom of a recession there are not many people remodeling. Okay, we know all this right, but now the employees of Republic Door and Window will not leave the premises, and tell the media that they are owed severance pay...

With the number of layoffs during this recession increasing daily, employees need to know their rights when dealing with their severance packages. Employees need to negotiate their severance pay and severance benefit packages, but they need to know how to avoid legal disputes, and how to maintain good relations with their former employers while do so. Many employees believe they cannot negotiate their severance package benefits or severance pay, but this is not true. Now, during these poor economic times, more than ever is the time to get the best severance deal. Many professionals we work with state that during the recession they are afraid to negotiate their severance package. However, this is...

There are many ways to say it: Laid off, fired, sacked, downsized, let go and terminated. When your relationship with your employer comes to a sudden end, the initial feeling may be shock, relief, and anger. However you feel, you need to keep a cool head to take care of things. The severance package is one thing that you must keep in mind. Depending on the circumstances surrounding layoff, you may have legal recourse and rights when it comes down to severance. Human resources may make you an offer upon your exit interview, but don't let the heat of the moment catch you off guard. Companies rarely want to give away fair severance packages that reflect the employee's years of service and dedication to...

Nobody likes to lose their job but it doesn't have to be the end of the world. In fact, if you do it right it can even become quite profitable and that's what I'd like to discuss in this article today. Let's face it, the economy is in shambles. We've basically been in a recession for the last two years at least, since late 2008 early 2009. Most recessions end quickly but this one seems to keep dragging on and on forever. The reason why it seems like it's dragging on is because things are getting better, but at a very slow rate. This spells disaster for the labor market. Companies started off the recession by cutting jobs fast and furiously, and if you got laid off at the beginning of the recession...

Any candidate for public office should, endeavour to respond to each and every one of the emails, comments and letters that they receive in a thorough as well as in a timely manner. Due to the nature and subject matter of some of requests one is not always able to do so. One should also endeavour to demonstrate an ability to perform the most important function of an elected representative, and that is to serve. Service to all constituents is a vital part of both running for office and is the essential purpose for being in office. For example, the case of a disabled person on Social Security who agreed to have his benefits paid on a debit card. A local bank advertised that if he banked with them the...

In the benefits and compensation field "non-qualified" is generally used to describe arrangements which do not receive special tax favored treatment, while "qualified arrangements" do. For example a qualified 401(k) plan produces a current year tax deferral for contributions and a tax deduction for the employer's portion. Many highly paid corporate executives and other key personnel voluntarily choose to defer the payment of compensation or benefits earned in the current year to a future year, primarily to postpone associated tax obligations. These deferred compensation plans are governed by Section 409A of the Internal Revenue Code, and differ from elective deferrals under "qualified" plans, such...

The core functions of accounting are bookkeeping and financial reporting to managers and investors. However, the accounting department of a business is usually also responsible for payroll, cash inflows, cash payments, purchases and inventory, and property accounting. If these functions are not done efficiently and on time the business will not survive. Many of these functions, and much of accounting, focus on business transactions. These are economic exchanges between the business and persons or other businesses that the business deals. Accounting means understanding how these transactions are accounted for. Most businesses carry on economic exchanges with six basic groups: 1) customers, who buy...

There are different strategies and techniques to be discussed when writing good-news and bad-news letters. In good-news letters a writer is conveying good news to the receiver. The first paragraph (introduction) provides the good-news topic (reason for the letter). The second paragraph (discussion) provides the details of the good-news and the third paragraph (conclusion) calls for action. Bad-news letters use the indirect approach and opens with a neutral idea while providing facts and supporting evidence. The second paragraph presents the reason for the bad news letter. The third paragraph ends with a neutral close. Tact and politeness is required when writing a letter of bad news. A writer of a...

People resist change.This statement can be a reassuring conversation starter for managers who have struggled with implementing change. However, the conversation does not have to end on the same note. In personal and professional decisions, people make bold and daring changes daily. Experts suggest that one of the most difficult changes in life is for a family to be separated (Martin, James, et al, 2000; Bryceson and Vuorela, 2003). Yet in 2005 alone, 1.8 million high school graduates left parents and other family members to attend college (Bureau of Labor Statistics). About the same number of students will be admitted to colleges throughout the US this year. Most of these young adults have never...

Summary dismissal is the common law right of the employer to determine the contract of service of an employee without notice or payment in lieu of notice on account of gross misconduct on the part of the employee which strikes at the root of the contract. It is the firing of the employee by the employer. Employers of labour normally exercise this right when the employee commits serious misconduct. A dismissed employee does not enjoy terminal benefits which an employee whose services are terminated enjoys, like gratuity and severance pay. Unlike summary dismissal, Termination is a less severe form of involuntary termination is often referred to as a layoff (redundancy or being made redundant in...

In the world of business, many people want to start their own corporation for a plethora of reasons. Some of these reasons to go out on your own are good and lead to success, while other reasons are not conducive to your business succeeding. Below are four reasons why. 1. You constantly think about starting a business and can't get the idea out of your head My belief is that we have one shot on this earth. We are lucky to be born during a time which allows us to try and do almost anything. If the thought of not going out there and giving it your best bothers you, then you are ready to start your own business. I have no doubt that you are ready. People with this type of mind frame, typically do not...

A wage garnishment is a legal procedure through which a percentage of a person's earnings are withheld by an employer for the payment of a debt. Most wage garnishments are made by court order. Other types of wage garnishments are of legal or open procedures made by the IRS or state tax collection agency levies for unpaid taxes and federal agency administrative garnishments for non-tax debts owed to the federal government. Wage garnishments do not include voluntary wage garnishments. Some debtor's may voluntarily consort with their employers to turn over a specified amount of their earnings to a creditor to absolve the debt voluntarily, without the use of a court order. The Wage and Hour Division of...

are more and more lenders now in the market place and all it seems are offering to lend you money at what they say are cheaper interest rate for you to lend money. So obtaining the cheapest secured loan you would think is relatively easy. Well the facts are that it is true as more and more UK. High street lenders are being more flexible about who they will lend to and have relaxed their lending criteria especially for those people who have an impaired or bad credit history, this includes people with arrears, defaults and CCJ's. If you have a good credit history & own your own house you will get the lowest rates on the market for your secured loan. Even with an impaired or bad credit history you...

Today there are many marriages on the verge of divorce. There are many marriages that could have been saved if only they had the proper marriage advice. To stop your divorce and save your marriage the right set of actions need to be taken even if your spouse is resistant. Marriage Crisis, Can One Person Save A Marriage Many couples reach a point in their marriage were one or both spouses decide to end the marriage, but when one spouse receives the news and is caught off guard they are shocked and devastated. The only thoughts running through the un-expected spouse mind is of sadness, anger and how do I to stop this from happening. All hope seems to be lost with no way to save the marriage. With...

What terms does a UK compromise agreement contain? UK compromise agreements are composed from a mixture of generic clauses (contained in most agreements) and clauses specific to your employment relationship. Compromise agreements in other countries may vary. Here are some sample provisions that are commonly contained in a compromise agreement: - An agreement on what type of reference the employer is willing to provide. There is no legal obligation for an employer to provide a reference for an employee; therefore it is important that details are provided in the agreement for any references that may be requested. Often the contract will provide only for the very basic type of reference, i.e...

You always have to be careful about a lot of things when you're running a business. You always have to continuously be aware of the legal aspects which comes with running a business, most especially for small business where you have to put where a lot of effort will be demanded from you to put into the company. Legal matters that can arise in these situations can be very damaging to your well being and not only to your company. One way to protect you and your company from these events is to sign employment contracts. Signing employment contracts may prove to be odd but companies nowadays are resulting more and more into it. Employment contracts can not only give you protection but they can also...

When we perceive a significant threat to us, our bodies get ready either for a fight to the death or a desperate flight from certain defeat by a clearly superior adversary. This is the fight or flight response, certainly understandable and clearly applicable to a situation where an employee is about to lose or has actually lost his precious job. But whether to fight the termination of your employment or to gracefully accept your fate largely depends on the attendant circumstances. Take the case of Mike Doe. Mike is an American who came to Thailand after he was offered a teaching job by one of the largest placement agency in Thailand. Prior to his coming here, he was promised reimbursement of all his...

A good policy for businesses to follow is the 'do it right first time' policy. This approach applies to all levels of business not just to the products and services that a company sells. It should also relate to how staff are managed and the standard of procedural documentation that is put in place to support them in the workplace. As an employer doing it right the first time will prevent you from having to seek tribunal representation due to employee disputes. Employment law makes it paramount to your business to have strong processes in place in order manage staffing issues in a fair and just manner. Within your industry you are the expert on the services and products you sell but when it comes to...

When should I use an employment agreement? Employment agreements may not be appropriate for every employee in your business – generally, they should be reserved for employees occupying key management or sales positions, or persons having access to the most sensitive and valuable information and processes used by the business.  Because employees serve "at-will", an employer can terminate the relationship at any time for any reason or no reason at all (except for certain discriminatory or retaliatory reasons provided by state and federal law), employment agreements are not necessary for lower paying or general administrative positions.  The prudent business owner, however, should present...

An Employment Policy Manual or Employee Handbook should contain clear explanations of all of the general workplace issues or terms and conditions of employment that apply to all, or most, of your employees - everything from the accuracy and completeness of information provided by employees for their personnel files to the policies related to leaves of absence and vacation entitlement. Many issues related to employment practices are prescribed by legislation and/or common law. Some of my clients have suggested that, if a policy is covered by legislation, it need not be included in the Manual. My preference is usually to include even the most obvious, legislation driven policies. For example, a simple...

The employee in the case of Cairns v Visteon UK Ltd [2007], had been employed as an administrative assistant from 1998 until the 29th of May 2005. From a point around 2001, the employee's services had been provided by an agency. The agency, M, had employed the employee under a contract of service. During May 2005, an issue arose as to whether the employee had falsified her timesheets. The employer used these timesheets to pay the employee through M. M conducted an investigation and concluded that the employee had not been dishonest. Even so, the employer refused to continue working with the employee, and the purchase order for her services was revoked. M then attempted to relocate the employee...

An employee secondment agreement is a legal document drawn up by an employer that allows an employee to work for another company for a set period of time. In today's business world, integration is key, but there can be no employee sharing without an employee secondment agreement. As you can imagine, these documents are often, long, complicated and difficult to read if you don't have a law background. This is because not only does one company need to protect themselves, their intellectual property and their company secrets, but two do. Both companies involved need to adequately protect themselves from harm, while also laying out the time frame in which the employee transfer is going to occur, how it...

An Employment Policy Manual, also referred to as an Employee Manual or Employee Handbook, is a document that clarifies and communicates the issues that relate to the employer/employee relationship. It usually does not address job specific issues. It presents many of the rules and regulations of the workplace, many of the terms and conditions of employment, and is an important part of the employment contract. Many of the policies presented in the Manual will be based in legislation and common law. Your policy statements must conform to the laws of your jurisdiction. Keep in mind that you cannot contract out of your obligations under legislation. In some circumstances, you can contract out of...

Employment Agreement - Key Employee & Executive can be defined, as a written Agreement, entered between company and executive, where an employee agrees to provide certain services to the company, in exchange of considerations offered by the company. The signed Agreement is binding on both parties and legally valid. The provisions recorded in this Contract, differentiated it from Executive Compensation Agreement. The clauses in the Agreement are also binding on both the company and employee and, they agree to function within the terms and conditions of the Agreement. The important features of the employment contract can be summed of as follows: Terms • Agreement duration • Termination date and...

Undertaking a company formation with the intention of starting a new private limited company can be a daunting and exciting time. People carry out a company formation for many different reasons, but generally every one of those people has the intention to make money. An essential part of making money is running the most tax efficient company possible. The other part is complying with all the company regulations to ensure avoidance of unnecessary and damaging fines and penalties. Unfortunately many business men and women are unaware of the legal requirements of running a business. Ignorance of the law is no excuse. Most people know that if you employ people to help run your business then you are...

Employment law on constructive dismissal states that claims could be based on your employer's breach of employment contract. This may involve a violation of any specific term or condition in the employment contract, the staff handbook, or the job advertisement for the position. It may also involve breach of implied terms like the employer's duty to reasonably act or duty of care towards employees. If you think and feel that you are forced to quit your current job or that your employer is treating you badly that there is no other option but to leave, you may take advantage of the employment law on constructive dismissal. You may file for a constructive dismissal claim when you file for a resignation...

The U.S. Department of Labor's Wage and Hour Division receives numerous complaints every year from employees who were wrongfully denied overtime pay. While some employers violate federal overtime law without intention, others purposefully deny overtime pay to eligible workers. By using common overtime scams, employers cheat their workers out of time-and-a-half compensation for overtime hours. Luckily, many common overtime scams have been identified so that workers can fully understand their rights to overtime. A common overtime scam, working "off the clock" occurs when an employer forces an employee to work without being clocked in. For instance, an employer may instruct a worker to clock out and...

The issue of whether an employee is entitled to overtime compensation has been a hotly contested and litigation issue lately in California. The main reason behind his is the fact that whether an employee is entitled to overtime wages is a factual inquiry that depends on the specific facts and circumstance of one's employment. There are, however, several hard principles that are important to be aware of with regard to overtime wages, whether you are an employer or an employee: 1. Overtime compensation cannot be waived. Any agreement by an employee to waive overtime pay or to accept less that the statutory rate he is due is invalid and unenforceable. In other words, even if the employer and employee...

Employees, particularly those who work more than 40 hours a week, should be aware of whether they are an exempt or non-exempt employee under overtime law. Exempt and non-exempt status determines whether an employee is eligible to receive time-and-a-half compensation when working more than 40 hours a week. An exempt employee cannot receive overtime, while a non-exempt worker is entitled to overtime pay. Because many employers may be confused by overtime law, employees who are aware of their status can ensure they are receiving the pay they are entitled to under overtime law. For most employees, overtime eligibility is determined by how much the employee is paid, how they are paid and their job duties...

Employees who work more than 40 hours in a single week should be aware of whether they are exempt under overtime law. Exempt and non-exempt status determines whether an employee is eligible to receive time-and-a-half compensation (1.5 times the regular rate) when working more than 40 hours a week. Exempt employees cannot receive overtime, while non-exempt workers are entitled to overtime pay. Because some employers are unclear on overtime regulations, employees who are aware of their status can ensure they are receiving the pay they deserve under overtime law. For most workers, overtime eligibility is determined by job duties, how an employee is paid and how much they earn. Being a salaried worker...

If having a bad partner hasn't happened to you yet, the chances are very good it will in the future. The problem is you take on a business partner, often a former friend, with the intent of his/her bringing something to the partnership that you and he believe will be greater than the sum of its parts. If this sounds altruistic, it is, but that's what everyone wants to believe - the partnership will succeed because of the partners' individual strengths. Sometimes the partnership goes bad because one partner doesn't pull his weight or maybe one partner feels his contribution is much greater than the other's. This may sound like a marriage and that's because it is similar in many ways including the...