Legal Service » Terminate an Employee?

Criminal Defense In California

admin — Thu, 19 Nov 2009 09:47:31 +0000

If you live in northern California, a Sacramento criminal defense attorney is your best option. In that area there are great attorneys that have extensive experience in criminal law that you can find to best fit your need.

The justice system can be long and complicated. You may need to report to several hearings on several different days. It is hard to remember and understand this complex system. A Sacramento criminal defense attorney can and will help you through the process so you can know that everything will be taken care of. These attorneys are experts in what you need to do in order to get through your defense trial safely.

They will also prepare you for all the hearings and meetings you need to attend. You don’t need to worry about what will happen and what you will have to do. Their knowledge and experience will help you be prepared to navigate successfully through each step. They will prepare you emotionally and mentally for all possible outcomes of the trial.

Once you are personally prepared, the attorney will take care of all the other necessary documents you will need in your trial. He will put together all the paperwork, and evidence in order to defend you. Sacramento criminal defense attorneys know what the judge expects and is prepared to complete all the paperwork so you don’t have to. This is a huge help to you.

When trying to find a lawyer, make sure you ask questions and get to know that person well so you have a feel for their capabilities. Make sure to look up their win/loss record in court, so you can better know what they can do for you. Also make sure they have experience with your type of case. They will be able to move the process a long faster if they do.

A good place to start to look for a Sacramento criminal defense attorney is online. Most law firms have gone online to provide faster more accurate information. They are reliable sources to begin your search. You can also go through the local government to find lists of firms in you area.

After the Revocable Living Trust is Signed… Now What?

admin — Thu, 01 Oct 2009 11:27:04 +0000

You’ve gone through the trouble of creating an estate plan that includes a revocable living trust. Now what do you need to do?

Here is a checklist for you to consider:

1. Have you notified your successor trustee? You have probably named a relative, close friend, or a trust company to act as successor trustee after you die. Have you told tem about the trust? Maybe you want to go over it with them. Share your thoughts and wishes. Tell them where your valuable papers and itms are located.

2. Have you transferred title to your assets to the trust? A trust comes into being (becomes legal) when you transfer an asset (probably more than one) to it. You will need to transfer title to your bank and brokerage accounts, real estate, promissory notes held, individual stock certificates, etc., to the trust title, usually, John Smith and Jane Smith, trustees of the Smith Revocable Trust, dated January 1, 2005 (or something similar).

3. What about your thoughts on burial or cremation? Do you want to be kept on life support no mater what your age, condition, or likelihood of survival might be? Have you decided who will be in charge of making decisions for you if you can’t?

4. Are there assets that are not in your trust (retirement plans, IRA accounts, life insurance) that your trustee needs to know about?

5. Is there a change in your life or family that requires a review or revision to your estate plan? Have you recently received an inheritance, remarried, or have a close one die? All of these events should prompt a review of your estate plan and revocable living trust documents.

This is a short list to get you thinking in the right direction. The point is that once the revocable living trust is set up, your work and attention does not stop. You need to maintain the revocable living trust so that it can deliver all of the benefits that it can promise.

What Patients Want After an Adverse Event

admin — Fri, 17 Jul 2009 20:43:02 +0000

The simple fact is that bad things do happen to good people and adverse medical events will occur. Questions that must be addressed include what steps should be taken by the medical provider and what does the patient expect from the medical provider.

The jaded view might be that patients want compensation, so best to turn it over to the insurance company to handle. That statement is only half-right. Whenever an adverse event occurs, immediately contact your insurance provider for guidance and direction. As for compensation, patient expectations are not always that simple.

According to the Canadian Medical Protective Association in responding to data presented in a New Zealand study, the Canadian medical liability system provides responses in three areas: patient safety, professional accountability, and litigation.

An article in the Journal of Healthcare Risk Management parallels the Canadian approach by indicating patient expectations centering on acknowledgement of the event, an apology, complete details about the incident, assurance that corrective measures have been taken, and compensation.

These, along with other expert opinions and studies, seem to indicate that litigation and compensation are not necessarily at the top of the patient expectations list when it comes to an adverse medical event. Yet many providers consider that to be at the top of their list and that can affect the attitude towards the patient. The reality is that the manner in which a healthcare provider manages communications after an adverse event can determine the subsequent actions taken by the patient, including formal complaints and litigation.

The initial reaction of most patients deals with the inquisitive side of human nature. They want acknowledgement of the incident and the complete facts as understood by the medical provider. This is an area where patient and provider can work together in sharing of information about the event in order to better understand contributing factors and the taking of subsequent preventive actions to protect future patients. Remember that acknowledgement of an event should also include empathy with the emotional feelings of the patient and family.

When it comes to an apology, there are differing schools of thought. Some say that an apology will come back to haunt you in litigation; others say that an apology can help defuse a litigatory event. This is why it is critical to immediately contact your insurance provider for guidance when an adverse event occurs. However, research has shown that apologies without remorse are likely to be rejected, and that some patients will not be forgiving — even after an acceptable apology with remorse is given.

How to Terminate an Employee?

admin — Tue, 12 May 2009 23:21:50 +0000

In every business, there comes a time when it is necessary to terminate a person’s employment. As this is not a pleasant prospect for either the employer or the employee, it should not be done thoughtlessly. Even when a person is being fired from their job, they deserve to be treated with respect and dignity.

In many instances, even if you believe it is obvious to an employee why they are being fired, it might not be as clear to them. With the exception of the most extreme cases, it is much better to inform them of your decision and explain your reasons, rather than simply having them presented with a notice of termination. In most cases, you can be both firm and kind when you are letting an employee know that they are being terminated.

In instances where you are terminating a person’s employment due to some type of illegal activity on their part, it is a good idea to inform them if you plan to take legal action. For example, if they have stolen something from your company, it is wise to terminate their employment as soon as you possibly can.

If you are in the position of needing to terminate a person from their job when they have not been at any fault, a frank discussion should be in order. For example, if your company needs to downsize by lowering its number of employees, they should not be in the position of feeling as if they did something wrong. In other cases, such as if they have been unable or unwilling to perform their job to meet your reasonable expectations; these facts should be made clear to them. It may have a significant impact on whether or not they will attempt to secure similar employment with another company; and it can also have a very strong effect on whether or not they are successful at doing so. If their work has not been up to par, it is in their best interests as well as yours to let them know the facts.

Sometimes it is necessary to terminate an employee due to extreme friction in the workplace. If the employee is constantly having personality-clashes with your other workers, it can make the workplace very uncomfortable for everyone concerned, as well as lowering other employees’ ability to conduct their own jobs properly. If you have tried to resolve this type of difficulty with your employee and have not been successful, terminating them may be the only reasonable solution.