What can you do if you get harassed at work?

get harassed at work

What You Can Do

When you are deciding what to do, remember that every situation is different.There is no one best thing to do. You should always report the sexual harassment to your employer. You then have the option to use your company’s sexual harassment complaint process, file a charge with a state or federal agency, and/or go to court.

It is important to talk with a lawyer or legal services organization like Equal Rights Advocates to discuss your choices (see “Resources”).They can help you to understand your choices, their benefits and risks as well as the strengths and weaknesses of your case.

Say “No” Clearly

Tell the person that his/her behavior offends you. Firmly refuse all invitations.If the harassment doesn’t end promptly, write a letter asking the harasser to stop and keep a copy.

Write Down What Happened

As soon as you experience the sexual harassment, start writing it down.Write down dates, places, times, and possible witnesses to what happened.If possible, ask your co-workers to write down what they saw or heard, especially if the same thing is happening to them.Remember that others may (and probably will) read this written record at some point. It is a good idea to keep the record at home or in some other safe place.Do not keep the record at work.

Report the Harassment

Tell your supervisor, your human resources department or some other department or person within your organization who has the power to stop the harassment. If possible, tell them in writing. Keep a copy of any written complaint you make to your employer.It is very important that you report the harassment because your employer must know or have reason to know about the harassment in order to be legally responsible for a co-worker, client or customer’s actions. Even if your harasser was your supervisor, you may need to show that you reported the harassment to your employer or give a good reason why you didn’t.

Start a Paper Trail

When you report the sexual harassment to your employer, do it in writing.Describe the problem and how you want it fixed.This creates a written record of when you complained and what happened in response to it. Keep copies of everything you send and receive from your employer.

Review your Personnel File

It is your right to see your personnel file.If you work for a private employer, in certain states including California, you have the right to request and receive copies of everything in your file that you have signed.

Use the Grievance Procedure at Work

Many employers and schools have policies for dealing with sexual harassment complaints. You may be able to resolve the problem through this process.To find out your employer’s policies, look in your employee manual/personnel policies and/or speak to a human resources officer. It is important to follow your employer’s procedures.

Involve your Union

If you belong to a union, you may want to file a formal sexual harassment complaint through the union and try to get a shop steward or other union official to help you work through the grievance process. Get a copy of your union’s grievance policy and see if it discusses the problems you are experiencing. If you use your union’s grievance procedure, you must still file a complaint with a government agency if you want to file a lawsuit in federal or state court.

File a Discrimination Complaint with a Government Agency

If you want to file a lawsuit in federal or state court, you must first file a formal sexual harassment complaint with the federal Equal Employment Opportunity Commission your state’s fair employment agency. If you are a federal employee, follow federal guidelines on how to lodge a sexual harassment complaint.

File a lawsuit

After you file a formal complaint with the your state’s fair employment agency, you can also consider filing a lawsuit.You can sue for money damages, to get your job back, and you can also ask the court to make your employer change its practices to prevent future sexual harassment from occurring.

Legal Advises in Divorce Cases

Divorce case

Are you stressing about getting a divorce and tired of being in an unhappy marriage? In most states divorce is noted as the termination of a marriage and stands as a decree by the court that a legitimate marriage is no longer in existence. When a divorce is established, it leaves both parties at liberty to remarry if and when the opportunity may arise.

A divorce also determines the separation of property as well as child custody and child support arrangements.

Although a divorce can be an emotional process, the majority of cases do not end up in a dispute trial. To ensure that a dispute trial does not occur, lawyers often assist during mediations between the two parties. They do this to ensure that a fair solution is agreed upon by both sides. In order to receive approval of this agreed upon solution, the mediation process must be presented to a judge by the lawyer and/or lawyers as well as the two parties involved. The court can make a decision for the parties, if they are unable to settle upon an agreement based on support, custody, and/or property.

With the help of an experienced divorce lawyer the two divorcing parties usually negotiate and settle upon areas including:

  • Division of Property
  • Child Custody
  • Spousal Support
  • Child Support
  • Financial issues

In the case where neither the wife nor the husband blames the other for the collapse of their marriage, a no-fault divorce can be sought. All states now offer no-fault divorces, while 13 states consider no-fault as sufficient grounds for divorce. Approximately, thirty-nine states offer fault-based grounds for divorce which includes physical cruelty, desertion, adultery, and chronic drug use.

Within most states, a threshold requirement of domicile or residency for at least one of the parties is required to attain a divorce. Domicile, is considered to be the state which an individual calls “home.” Residency refers to state in which an individual lives. Although not all states, most do consider these terms parallel. In most states with residency requirements, a specified duration of time must be held in order for one too claim residency, which varies from state to state. For those states that have no requirement concerning residency, a person can seek divorce upon arrival in the state.

There are many law firms which specialize in family cases like divorce case. You should try your best to find an experienced and reputed attorney. You can find the lawyer with the help of internet pages, online directories and related websites. It is a good idea to consult a friend or relative who had recently handled a case of family divorce law. If you need legal help and assistance concerning a divorce, contact a divorce lawyer in your area now.

Finding a legal support is a bit difficult task but it can be easily done if you follow some tips and instructions which are stated in this article.

Take Legal Advice and Insure Yourself

Legal Advice

There are many reasons to take legal advice from simple estate planning to criminal defense lawyers can help people to find their way through many legal struggles that can creep up on them at any time. Most people believe that they do not need to keep a lawyer on retention or that having a lawyer will somehow invite trouble to them. However for anyone that is in business having legal advice is like having an accountant to keep the books straight.

According to the legal advice it is good to note that deciding to take legal action in claiming compensation is a decision that is going to cost you a good amount of money. This becomes important because there many professional who get involved and it needs to be done as soon as possible because there usually a time limit involved in the whole process. Sometimes people have found themselves time barred because they waited for too long before taking action. On average you have about three years within which to file your complaints. In this case a legal advice helps you to solve your issue quicker.

The first official who gets involved is usually a solicitor who will go through your case to determine whether or not you have a valid case and they will also provide legal advice to you regarding issues like time limits and anything else you may need to know.

In as much as is possible, legal advice should be sought almost immediately because many cases of personal injury could have unknown long term implications. There are legal experts available who provides legal advice to what extent a person may have suffered financial loss and they will assist you get suitable financial compensation.

Seeking this kind of compensation from a court of law requires that one follows many and varied legal procedures and legal advice which you may not exactly manage on your own. Instead of just hoping that things will somehow work out by themselves, you need a legal expert to advice you and lead you through the rigorous process. Get proper legal advice when you need one.

If you are planning to move ahead and go for legal advice on any kind of insurance, it is very necessary that you hire experienced insurance consultant. The experienced individual will help you to get the best insurance deals that will help your deals to be best and fruitful for your means. There are many insurance deals and not every insurance deal will help you to gain full advantage and reap its benefits. Simply because, insurance deals have many laid down criteria that ultimately it becomes next to impossible to go ahead and pay the deals. Remember, you have to get insured, and you can only get insured in the right manner if you have fair idea about the intricacies contained in the insurance documents, These insurance documents are legally prepared and complex. Many of individuals who are applying for insurance do not have any idea as to what insurance policy can do for you or what it can’t do for you and as the result of which, the insurance policy holders just remain confused always and ever. Therefore, it becomes necessary that individuals who are filling insurance policy should go for right kind of insurance policy and this can online happen if you hire the services of legal insurance expert. The expert will consult you and give you the best legal solution for your means. If you are not serious about buying the insurance policy in a legal manner you have to do the research and based on your research you will have good idea as to what type of legal insurance will work for you.

Right type of legal advice would means professional advice, and when it is professional advice, only you can go for it and bring forth the right selection. Make sure that you follow all the rules and regulations when buying insurance policy.

Remember things about free or low-cost legal services

low-cost legal services

How can you keep track of legal fees?

Get a fee agreement in writing. If an attorney is unwilling to put a fee agreement in writing, cross that attorney off your list. Some states require written fee agreements for most cases.

Ask your attorney to include in the fee agreement a provision for periodic, itemized billing. An itemized bill should list and describe all charges so that you can review them and compare them to your fee agreement.

You might want to arrange for a ceiling or limit on fees. You might also require your lawyer to get your approval before proceeding beyond a certain amount in legal costs. If you’ve hired an attorney to recover a $10,000 debt, you probably don’t want to pay $8,000 in legal fees to resolve the matter.

Depending upon your financial situation, you may be entitled to free legal services. If you are “indigent” within the meaning of any applicable state or federal guideline, you may be eligible for representation by a public defender in a federal or state criminal case. Low-income people may also qualify for free representation in landlord-tenant and divorce cases. If you need financial help in obtaining legal representation and think that you might qualify for indigent status, contact pro bono and legal services organizations in your area.

In many cases you don’t have to be indigent to get a lawyer for free or at little cost. Some organizations offer their members prepaid legal plans. Often plans include a low or no-cost consultation, or low-cost services in uncontested divorces or simple wills matters. Check your liability insurance policy. Your policy may include coverage for attorney fees or require your insurance company to provide an attorney to defend you in a lawsuit.

Many unions provide free legal services to their members in union-related matters. If your case or claim is work-related, talk to your union representative.

Certain rights or advocacy groups might want to get involved in your case. For example, if you are challenging an unlawful attack on your civil liberties or right to free speech, an organization such as the American Civil Liberties Union may be interested in helping you.

What should you do if you are charged with a crime but can’t afford a lawyer?

If you are indigent and if you are charged with a serious offense, you may be entitled to have an attorney appointed to represent you for free. The federal government and the states provide for the appointment of public defenders for indigent criminal defendants.

Little things add up. Carefully discuss with your lawyer anticipated miscellaneous costs so that you can estimate those costs up front and avoid any unpleasant surprises. Be prepared to scrutinize court costs, filing fees, secretarial time, and delivery charges.

Public defenders are paid by the government and are required to represent clients as vigorously and competently as private attorneys. Public defenders often are specialists with many years of experience in the defense of criminal cases. Don’t underestimate their expertise.

Contracts and the Digital Warrior Beware the Form Agreement

Agreement

Web developers, graphic artists, software programmers and other Internet professionals often make the mistake of working without a net (pardon the pun). That is, they do business on a handshake. While the credo “my word is my bond” may be noble to live by, in business it is often the source of many problems. It seems that many of those digital warriors who do get signatures before they start a project, get them on form contracts that they find on the net or in a book. Misunderstood contracts can be just as dangerous, if not more so, than not having one at all.

So, why do digital warriors shun written contracts? Could it be the outrageous rates that an attorney would charge to draft them? Could it be that contracts are too complicated? After all the legalese is meaningless anyway? Isn’t it? (Of course not.)

Legal fees are not cheap, granted, but the costs associated with a breach of a poorly drafted agreement or no agreement at all will out weigh any costs you would have incurred as a result of having an attorney draft your contracts. An ounce of prevention is worth a pound of cure, as the saying goes.

Here are some of the issues that you will encounter when your attorney drafts your operating agreement(s). This article does not presume to cover all of the topics you will need to consider. You should always seek legal advice from a competent attorney who is duly licensed in your jurisdiction.

The Parties 
Let’s get the most obvious thing taken care of first. Who are the parties? To answer that question you must ask yourself some other questions first. Do you want to allow your client to assign their rights to the agreement to someone else without your approval? Do you want the ability to delegate some of your duties without having to obtain permission from your client? (A web site developer may need to hire a freelance graphic artist; A programmer may need to hire someone familiar with another language.)

Warranties 
Do you know how to disclaim warranties? Did you know that you imply certain warranties in every agreement you enter into? Did you know that oral agreements are still agreements and you imply certain warranties in them as well?

It is reasonable for your client to warrant that it owns or has the right to use all the materials it supplies to you. Intellectual property is property, after all, and you do not want to be caught up in a claim by a third party for using materials supplied by the client which infringe on a third party’s rights.

Indemnification 
Regardless of whether your client has warranted that it owns or has the right to use all materials if supplied to you, you still may be sued by a third party for, let’s say, copyright infringement. If you had an indemnification clause in your agreement with the client, you would have an easier time recovering from your client your defense costs and any damages that assessed against you. Remember to include “reasonable attorneys fees” and “costs” in your indemnification clause.

Intellectual Property 
As a web site developer, graphic artist or programmer, you deal in intellectual property. This is your stock in trade. As the creator of an original work and absent an agreement to the contrary, you own a copyright in that work. This means that you control the work. You determine when and how to publish it, where and how to display it, when and how to modify it and how and when to create works which are derived from the original work. The mere fact that you were hired to create the work does not mean that the client owns any rights to the work.

Do you wish to license some rights to the client? Will you allow the client to have the web site hosted wherever it wants? Will you allow the client to install your database application on as many workstations as it sees fit? Will you allow the client to make copies of the work and sell it? These points (and others) are all points that should be negotiated before the commencement of any work and memorialized in a written agreement.

Beware of Arbitration Clauses 
Many contracts these days contain arbitration clauses, especially boiler plate contracts found on the net or in books. While, arbitration can be a viable alternative to litigation, you should understand the drawbacks as well as the benefits (which include speed of resolution and lower cost).

Another point that must be understood is that unless you find fraud, bias or some other egregious violation of the applicable act on the arbitrator’s part, you cannot appeal an arbitrator’s award. This is difficult for some to comprehend, especially in light of the facts that the arbitrator needs not follow any rules of evidence, not understand the law nor follow it even if it is understood.

3 Methods on How to File Personal Bankruptcy That You Must Know

Personal Bankruptcy

How can you start with your bankruptcy? If you want to declare yourself bankrupt you have to start the bankruptcy process by filing the official bankruptcy forms. You need to know the various methods on how to file for bankruptcy. Your goal is to get the most inexpensive bankruptcy solution and save big money on legal expenses. This article will give you an overview of the different process of filing for bankruptcy. This article is not a substitute for legal counsel, and it is not intended to give you specific legal advice on your financial situation.

The Safest Method

This is the simplest and safest way to file personal bankruptcy — retain a bankruptcy attorney full-time. The attorney will help you through the entire bankruptcy process. It is the lawyer’s job to evaluate, prepare and file your papers. During the creditors meeting your attorney will address all the tough issues that may arise. The only negative in using this method is that it costs more. You must find a way on how to screen cheap bankruptcy attorneys in good order for you to get the best possible deal if you want to use this method.

The Hybrid Method

This method is the most followed technique in filing for bankruptcy. The hybrid method normally works best in filing Chapter 7. The key factor here is to hire the services of a lawyer or law firm to prepare your case. You need to pay the service provider with a flat fee. Once they file your papers you are on your own. You can save huge amount on legal fees because part of the solution is a do-it-yourself work. You should look for a bankruptcy preparation service that will also give you a short training on how to handle the do-it-yourself portion as part of the package.

The Cheapest Method

This method is a full self-help solution or “pro-se” filing. You need to educate yourself with the complexity of the bankruptcy laws. You can download the official bankruptcy forms free but it is usually easier to do this method if you buy an up-to-date bankruptcy kit or a good bankruptcy book. If you try to ask instructions from your local court clerks they will say they can’t help you. They will not give you advice on how to fill up the forms because that would be “practicing the law” — a task reserved only for licensed bankruptcy lawyers.

What to Do Next?

Now that you know the different ways of filing personal bankruptcy, which method are you going to use? The new bankruptcy law does not require you to have a lawyer, but it is in your best interest to seek the advice of an experienced bankruptcy lawyer. If you choose to file bankruptcy without the help of a lawyer, you will need to have to show a lot of patience and diligence. Keep in mind and remember that when it comes to filing bankruptcy, you either liquidate your assets or you protect them.