Global Law Guide

Employment contracts are often used to be in compliance with labor laws. The contacts attribute to responsibilities and rights between the parties involved and make room for bargaining. The contract assigns responsibility and rights to the employee and employer.

Employment contracts put emphasis on relationships of social subordination and economic dependency. The contract ties the employee(s) and employer(s) to these assigned responsibility and rights.  Most employment contracts contain the terms and conditions set by the company.

Employers are required by Federal Law to demonstrate honest guidelines, rules, etc, without discriminating against others. These written agreements include compensation information, responsibilities, medical leave, vacations, bonuses, wages, stock options, benefits, and more. Once an employee signs the contract it binds the employee and employers.

The employer is obligated to specify in the agreement the duration of employee-worker arrangements. The contract is some situations must give authority to employee of IP (Intellectual Property), and offer dispute mechanisms. In other words, if an employee is using a company vehicle, the rules and regulations must be outlined in the contract.

The agreement should also include termination policy or provisions, and must include confidentiality for post employment, as well as clauses for non-solicitation and non-compete. Many larger companies use employment contracts, but small businesses may use them too. Regardless, the contracts must provide the employee legible and tangible descriptions, details of requirements, rights, clauses, etc. Continue Reading »

In July 2008 the Management Team at Eagle House Care Home were increasingly finding employment law and health & safety issues were becoming a minefield, and it was progressively more difficult to stay on top of current legislation as well as ensuring policies were in-line with inspection requirements.

The Management team needed to understand the correct procedures and solutions for addressing issues such as; flexible working hours, disciplinary matters, training for hoisting equipment and managing infection control.

Eagle House Care Home decided they would enlist a specialised outsourced solution for employment law and health & safety compliance and appointed Citation, who have extensive experience of working with Care Homes as well as working with other Care Plus & Complete Care (UK) Homes.

Upon becoming a client of Citation, Eagle House Care Home was granted immediate access to the health & safety and employment law helpline providing Management with instant peace of mind and expert advice 24/7. Eagle House Care Home underwent two detailed site inspections.

One consisted of an in-depth consultation with the Management team to assess their current contracts of employment as well as identifying particular problem areas they wanted to address. From this bespoke contracts of employment were drafted as well as an employee handbook. Access to Citmanager® allowed individual staff personnel records to be set up online rather than continue to use paper based records.

An in-depth health & safety inspection of the Care Home followed and a detailed inspection report was produced outlining specific priorities observed during the inspection along with the corrective action that was necessary to ensure the company complies with current legislation.

Management systems were installed and training was provided on how to use the online system, Ciassess® to complete risk assessments online. Every member of staff at Eagle House Care Home was supplied with an individual copy of the
employee handbook detailing all agreed policies and legal requirements.

The inspection and installation process provided Eagle House Care Home with the assurance not only that they have the most up-to-date documentation but that they have correct tools, procedures and resource to demonstrate necessary legal requirements for an Inspection.

Mandy Quintance, Manager at Eagle House Care Home commented “There is a professional approach from Citation and having somebody to advise on the legalities of employment related issues has been invaluable. The online systems have made CQC Inspections less daunting as we know we have the necessary documentation to hand removing the hassle from us.” Citation continues to work with Eagle House Care Home providing ongoing advice, annual inspections and timely updates and look forward to supporting them over the coming years.

Pre-paid legal service providers are required to provide either a written
agreement of the services provided in their plans, or at least a written
communication concerning the services covered, together with the fees to
be charged for services not covered in the written agreement of membership.

However, most people gloss over terms and conditions and just sign the
agreement assuming they are covered for most legal services. This usually
gives rise to frequent complaints about the service, fee disputes and
complaints about attorneys.

Generally, if you have any complaint with your service, you should first
address any such complaint with your service provider. Contact them to get
information regarding their in-house complaint process and settlement of
disputes. If you are unsatisfied, then it helps to know who regulates your
kind of legal insurance.

Your states Department of consumer affairs licenses and regulates all
pre-paid legal plans. Prepaid legal service companies are required to
register with the department prior to commencing business and appoint a
sales representative. Further regulation can be provided by your local bar
association.

After being told no for the last 200 years, the House of Representatives have okayed a bill that would allow a House of Representatives position to be created for the residents of the District of Columbia. This is a complete shock to some, who analyze the situation and state that technically the District of Columbia is not a state and has no right to a representative in the house.

Along with adding a member of the house for the D.C. area, Utah has been given a fourth seat. Now the bill is passed along to the Senate to have a final approval but with the District of Columbia not being a true state, many are expecting the bill to be squashed. Some may not have realized but 200 years ago it was determined that the District of Columbia would be banned from a seat in the House since it was not a state.

Utah was declined an additional seat in the house after falling shy of the required residents to acquire a fourth seat after the last census. However, since they are in the process of adding additional seats and Utah is so very close to the requirements it is expected that by the next election they should have the required number of residents to justify the additional seat.

This is a major milestone in the House of Representatives, which has sat at 435 seats since 1960; it has been over 45 years since additional seats were added to the house. Opponents of the new bill have all been quick to point out that while it’s wonderful that the House is looking to grow, the Constitution clearly states that the members of the House are chosen by the people of the states, which since the District of Columbia is not a state, causes a major snafu in the plans of the Democratic majority House.

The House is slated to keep the 437 seats even after the 2010 census, which is when Utah is slated to be expanding to a 4th district. While this is the first time this measure has actually passed the House, it is not the first time it has been discussed, nor debated. Back in 1978, it was mentioned that the District of Columbia should be given a vote in the House of Representatives; however, the amendment was discarded after it was unable to be ratified by a quorum three-fourth majority of the states.

Once again, the measure was attempted in 1993; however, this attempt was focused around moving the District of Columbia into statehood and transforming the District into a full-fledged state of the United States. This proposal was also rejected, so this is a major victory that has been attempted several times previously. Whether it will pass through the Senate, and ultimately receive legal effect, is still left to be determined.

Many have argued that the District should be allowed a seat in the House, since the residents of the District pay taxes and fight in the wars of this country just like residents of any other state. The debate and battle rages on, and it will be a rather interesting experience to see if the District is able to win their bid to a permanent seat in the House.

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Over 100 million Americans are signed up for pre-paid legal services. Also
called legal insurance, these plans are similar to those provided by Health
Maintenance Organizations (HMOs) and cover the legal needs of the member,
spouse and any dependent children.

In a prepaid legal service plan, the customer pays a fixed monthly
subscription fee of up to $25 for the services of pre-selected lawyers.
The most basic plans provide advice and consultation by telephone. Plan
members receive a few hours of free office consultation with their assigned
attorney. They may also include review and advice on simple legal documents,
preparation, drafting or an update of a simple will. Phone calls and letters
can be written on behalf of members, a service helpful for credit problems
and consumer protection.
More comprehensive plans cover clients personal legal needs ranging from
services that require more time and effort on the part of your attorney,
such as contracts, wills and deeds, to legal representation in negotiations
and courts cases related to family matters, bankruptcy and real estate
issues.

A prepaid legal plan is a scheme based on the payment in advance of a set
fee to defray the cost of providing future legal services to the members
enrolled in the scheme. They vary in cost, scope of legal coverage provided
and how the legal services are provided. We will look at the different
types of pre-paid legal plans available in the United States and how to
enrol into them

An individual pre-paid legal plan is readily accessible to the general
public. There are two types of individual plans: access and comprehensive.
An access pre-paid legal plan is the most basic plan. It is designed to
give easy access to lawyer and a set of simple legal services for a low
cost. Basic services furnished include unlimited toll-free phone access to
your attorney for consultation and advice, letters written by the lawyer on
your behalf, brief office consultation and the drafting or review of simple
legal documents.

Complex legal issues not covered will be subject to an hourly or flat rate
negotiatable with your provider

The comprehensive plan goes beyond basic legal services, to offer more
complex and comprehensive coverage for a premium in cost. Generally, all
the benefits of an access plan are provided at no cost to you, plus a
broader range of services like drafting complicated legal documents,
negotiations with adverse parties, legal representation in court cases such
as divorce and child custody. They also cover all the costs involved in a
legal litigation. Comprehensive plans typically start at $300 per year and
are most beneficial to middle-class families.

A group legal plan is typically sponsored by an organization as a fringe
benefit to its members. The lawyer or law firm contracted provides free or
low-cost legal coverage to all members of the sponsoring organization.
Employers, labour unions and even universities are now increasingly
offering group legal plans to enhance the value of their benefits package
and reduce the cost of administrative burden. Law firms are contracted to
provide participating members telephone and office consultation for their
most frequently needed legal matters. These typically include: Preparation
of wills and trusts, document preparation and review, debt and real estate
matters and family law.

Additional legal coverage can be contracted according to a fee schedule
negotiable between the plan sponsor and provider, and publicised to
participating members.

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When negotiating on equipment leasing contracts, small business and corporate accounts should review all the legal terms in order to avoid the top mistakes associated with leasing equipment. These rules are applicable in multiple areas of equipment leasing from educational, computer and engineering equipment leases.

Mistakes to Be Avoided in Contracts

One of the primary mistakes made when negotiating their lease is the use of a very short contract. The short contract text may not address issues involving problems with software in computer leases or litigation issues such as employee piracy. Other issues that are not addressed in many short contracts include:

Software transaction agreements
Troubleshooting Support Issues
Clauses handling providers going out of business

Its important to make sure that all parties have their expectations clearly outlined in the contract. The contract helps avoid mistakes in leasing equipment by detailing the obligations of both parties. Contracts that possess clarity and completeness are important and the shorter the contract, the more likely there will be legal risks and ramifications for the company leasing the equipment.

Performance Details

The contract should detail the performance of the equipment. If someone is leasing a computer system, a server or a backhoe, they need to know that it will handle the load they are preparing to deliver to it. The performance details are an area where equipment can fail in leasing if they are not clearly stated. Its important to make sure that both parties have those issues clarified before closing on any contracts or deals regarding performance issues.

Structure Defects

Structuring agreements is key to understanding where responsibility lies. An equipment leasing agreement needs to stipulate the structure of the deal. In other words, the salesman is unlikely be the primary contact for system defects. The primary contact may be the manager in charge of that account, but they will likely only handle negotiation issues. Customer support issues may be directed elsewhere. That structure and allocation of responsibility must be clearly spelled out in the contract.

Equipment Hardware Leasing Specialties

When leasing computer equipment, there are often software leases that are required. Its important to coordinate the duration of the software leases to be comparable with the duration of the equipment lease. Its important to ensure the compatibility of all leased equipment with other equipment from different vendors. Its also important to make sure that a projects start and completion dates are commiserate with the equipment lease. Balancing the needs of the developers with the equipment support is a difficult thing to assess, but its important to make sure that the leases support the needs of the company small or large.

Solicitors Not Welcome

Solicitors (lawyers) are often not consulted during the initial drafting of equipment leasing. This is a mistake, especially for small businesses that do not possess an in house legal team. Lawyers can help smooth the transaction and avoid loopholes that might cause legal problems for both parties during an equipment lease. However, when utilizing a lawyer, its important to find one experienced in lease transactions.

The Results versus The Resources

Be sure to clearly define the need for the equipment lease. Most leasing companies see themselves as providing resources. Companies large and small are not looking for a resource as much as they are looking for a result. Its the end of the line result they are seeking most of all.

Communication

Clear communication is important from the get go. When negotiating for an equipment lease, be sure to have all questions answered prior to agreeing. Companies make a mistake in leasing equipment from a vendor if they have trouble getting them on the phone or returning calls. Those issues can lead to service problems in the future.

Be Realistic In Expectations

Client companies must be realistic about what they are expecting. Vendors will usually negotiate and do their best to fill customer requirements, however the client company must also keep in mind industry standards and limitations. While technology continues to grow, its important to realize that not every goal has been achieved as yet.

Short Term Versus Long Term

The final and most important mistake made in equipment leasing is considering a contract as something that needs to be closed immediately in order to make a deadline that occurs in the next few weeks. Realistically speaking, avoiding looking at the long-term effects of an equipment lease may leave the client with a piece of equipment they do not need or a bad contract altogether. If their short-term goal is to launch a new product or get the foundation of a new project started, but the equipment will not help in the long-term goal, that should be addressed.

Equipment leasing provides numerous benefits to businesses large and small. Its important to recognize the benefits, but to also avoid the pitfalls of mistakes that can be made when negotiating an equipment lease.

Limited liability is one of the most successful commercial creations of all time, almost singularly responsible for the growth and expansion of capitalism. Encouraging risk and promoting successful enterprise through both small and large businesses alike, limited liability has been the driving force behind economic success in the Western world and is one of the most celebrated legal creations of all time. But what is it about limited liability that makes it so successful? Indeed, is the structure of limited liability fair as regards creditors, who ultimately bear the brunt of this mechanism?

Limited liability in general means a sacrifice of privacy in return for the benefit of limited personal liability. In layman’s terms, this means that the company promoter is not personally liable for any of the company’s debts, thus encouraging risk and promoting enterprise. For most small businesses, it is a lifeline, and without it the economy would level out and stifle with fewer new start-ups each year. At the back end, however, these businesses leave behind a trail of debts that ultimately result in financial loss for lenders and those that operate on credit terms. This raises the general question of whether limited liability as a creation is fair for the creditors it so apparently prejudices?

Limited liability has given life to companies across the world, by providing the reassurances necessary to entrepreneurs to take the risk, safe in the knowledge that personally speaking they should come out unscathed. From this, more companies have grown and flourished, which has led to more jobs and better state welfare for virtually all capitalist economies. The strength of this function has gone a long way towards building the great superpowers, and is seriously underestimated as a legal construct.

Limited liability leaves a gap in the pockets of those companies that lend money or offer their customers credit terms during the course of their business. As a consequence of the promoter’s ability to walk away with his hands clean, many businesses find the squeeze of bad debts too severe, and end up having to take on credit of their own to meet the shortcomings. In theory, limited liability leaves creditors in a weak situation, with relatively limited powers to regain the full amount of any monies due.

In reality, limited liability doesn’t operate in that way. Of course, many businesses go under every year as their owners walk free of encumbrance, but generally speaking the economic world does not work between insolvent companies. However, the flexibility allowed by limited liability has meant debt in a sense has become effective currency, and has helped businesses to survive during tough times, and to seek the financial help necessary without the appropriate risk.

Limited liability might be seen as slightly unfair at the razor’s edge, but it works all round to ensure that everyone has access to credit and the benefits of limitation of damages when it is necessary. Ultimately, it promotes a more competitive, lower-risk environment within which business can flourish and economies can grow and multiply, providing jobs and economic strength to nations embracing its basic form. As legal fictions go, the limited company has undoubtedly prove itself to be one of the most popular ever created, and its growth looks set to continue as it is developed and refined across the world.

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The European Convention on Human Rights has seen vast changes to the legal framework of countries across Europe. By imposing fundamental freedoms and liberties in an indefeasible form, it has created a host of legal problems and issues for courts to tackle in an attempt to improve human rights. Distinct from the US, which already retains fundamental freedoms through its definitive constitution, much of Europe in particular the UK doesn’t have the same codified provisions for its citizens. This has now been revolutionised by the ratification of the European Convention (ECHR), which sets out certain primary standards that must be attained in relation to each individual citizen. In this article, we will look at the advantages of the ECHR, and the wide-ranging impact it has had on the various constitutions around Europe.

The European Convention on Human Rights was established as an international treaty to afford a uniform standard of human rights treatment across Europe. Covering basic freedoms like the right to life through to trickier issues such as the right to liberty and the right to marry, ECHR has had an astonishing impact on Europe both legally and politically. In passing legislation, European governments have to as a matter of law legislate in accordance with the provisions contained within the ECHR. This means parliaments of signatory countries are being bound by their predecessors to legislate in a particular way, which has ruled out a number of would-be pledges and meant the reversal of certain national laws.

One area where this has caused problems is in abortion. The perpetual morality debate aside, abortion has been held to contravene the right to life provision in certain European countries. Although there is still great scope for challenge, this could potentially cause problems in the coming years as more and more cases of this nature are brought before the European court. Another major problem area is that of same sex marriages. The universal right to marry means that any provision stopping same sex marriage anywhere in Europe could potentially be struck down as illegal, requiring nations to actively realign their current provisions to avoid any discrimination. For this reason, the UK, amongst others, have taken proactive measures to permit same-sex marriages to avoid the embarrassment of a public ruling against them. This obviously raises problems of national power and freedom: nations are now utterly bound by the principles of European ‘liberty’, whether they like it or not.

Thankfully this social and legal upheaval is working towards a more liberty-orientated Europe. It is certainly taking time, and given the fact that the ECHR is over half a century old, its impacts are becoming more and more apparent as time wears on and as courts are presented with modern challenges located within the context of the original ECHR provisions. Additionally, the European Convention on Human Rights is being regularly updated and amended to provide a steadfast constitution for the citizen whilst retaining the flexibility to adapt to contemporary situations. Although the ECHR and the provisions contained within it have met stiff opposition throughout their lifetime, most would now agree that the level of individual certainty provided by these fundamental freedoms is making for a better quality of life and reducing the scope for discrimination and prejudice across Europe.

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For her traumatic wounds to heal, the victim of abuse requires closure – one final interaction with her tormentor in which he, hopefully, acknowledges his misbehaviour and even tenders an apology. Fat chance. Few abusers – especially if they are narcissistic – are amenable to such weakling pleasantries. More often, the abused are left to wallow in a poisonous stew of misery, self-pity, and self-recrimination.

Depending on the severity, duration, and nature of the abuse, there are three forms of effective closure.

Conceptual Closure

This most common variant involves a frank dissection of the abusive relationship. The parties meet to analyze what went wrong, to allocate blame and guilt, to derive lessons, and to part ways cathartically cleansed. In such an exchange, a compassionate offender (quite the oxymoron, admittedly) offers his prey the chance to rid herself of cumulating resentment.

He also disabuses her of the notion that she, in any way, was guilty or responsible for her maltreatment, that it was all her fault, that she deserved to be punished, and that she could have saved the relationship (malignant optimism). With this burden gone, the victim is ready to resume her life and to seek companionship and love elsewhere.

Retributive Closure

When the abuse has been “gratuitous” (sadistic), repeated, and protracted, conceptual closure is not enough. Retribution is called for, an element of vengeance, of restorative justice and a restored balance. Recuperation hinges on punishing the delinquent and merciless party. The penal intervention of the Law is often therapeutic to the abused.

Regrettably, the victim’s understandable emotions often lead to abusive (and illegal) acts. Many of the tormented stalk their erstwhile abusers and take the law into their own hands. Abuse tends to breed abuse all around, in both prey and predator.

Dissociative Closure

Absent the other two forms of closure, victims of egregious and prolonged mistreatment tend to repress their painful memories. In extremis, they dissociate. The Dissociative Identity Disorder (DID) – formerly known as “Multiple Personality Disorder” – is thought to be such a reaction. The harrowing experiences are “sliced off”, tucked away, and attributed to “another personality”.

Sometimes, the victim “assimilates” his or her tormentor, and even openly and consciously identifies with him. This is the narcissistic defence. In his own anguished mind, the victim becomes omnipotent and, therefore, invulnerable. He or she develops a False Self. The True Self is, thus, shielded from further harm and injury.

According to psychodynamic theories of psychopathology, repressed content rendered unconscious is the cause of all manner of mental health disorders. The victim thus pays a hefty price for avoiding and evading his or her predicament.