<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>Empowering Democracy &#187; Legal</title>
	<atom:link href="http://empoweringdemocracy.org/category/legal/feed" rel="self" type="application/rss+xml" />
	<link>http://empoweringdemocracy.org</link>
	<description>Press,Freedom &#038; Education</description>
	<lastBuildDate>Fri, 07 May 2010 10:25:09 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.8.4</generator>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
			<item>
		<title>Terminating An Employee Without Facing Lawsuit</title>
		<link>http://empoweringdemocracy.org/terminating-an-employee-without-facing-lawsuit.html</link>
		<comments>http://empoweringdemocracy.org/terminating-an-employee-without-facing-lawsuit.html#comments</comments>
		<pubDate>Wed, 02 Sep 2009 00:11:02 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://empoweringdemocracy.org/?p=19</guid>
		<description><![CDATA[Employers should avoid the attitude of a worker carefully costly litigation. To avoid legal consequences, entrepreneurs should be aware that this dismissal legislation:
• Generally, an employer can fire anyone unless there is an agreement or contract which stipulates that an employee may be terminated only for specific reasons.
Unlike other countries like Japan, Canada, Italy and [...]]]></description>
			<content:encoded><![CDATA[<p>Employers should avoid the attitude of a worker carefully costly litigation. To avoid legal consequences, entrepreneurs should be aware that this dismissal legislation:<span id="more-19"></span></p>
<p>• Generally, an employer can fire anyone unless there is an agreement or contract which stipulates that an employee may be terminated only for specific reasons.<br />
Unlike other countries like Japan, Canada, Italy and Great Britain, employers must provide compelling reasons against a worker for the United States follows the rule &#8220;at will&#8221; employment means except if a contract says otherwise, an employee may be terminated for any reason or even no reason.</p>
<p>• While the &#8220;at will&#8221; employment gives employers the right to each be able to absolutely no reason to fire, they are still in operation if the dismissal is contrary to public policy.</p>
<p>• violation of public policy occurs when:</p>
<p>1. An employee was arrested on the basis of gender, sexual orientation, religion, disability, age, national origin, race and color. According to the Equal Employment Opportunity Commission (EEOC), employees are entitled to the discrimination suit against their employers file, if the dismissal is based on prejudice.</p>
<p>2. An employee has been arrested under the rewards of enterprise. According to an EEOC employee, reasonable accommodation for disability or reporting to authorities of illicit enterprise (whistleblowing claim) assumes can not be stopped.</p>
<p>3. An employee for exercising his legal rights, such as having a medical certificate, fill out a claim of the employee, and filing a complaint against his employer.</p>
<p>4. An employee dismissed for refusing to commit illegal activities. According to prosecutors, it is illegal, a worker who wanted to testify, the false statement in court, something that does not function as a carte blanche to fire or conspiring in tax avoidance scheme.</p>
<p>5. An employee is dismissed for his legal obligation. According to lawyers, staff may not be an employee who does his duty as a jury or a witness before a court, even if he is absent for a long time.</p>
<p>• While the &#8220;at will&#8221; employment is not required to give valid reasons for the employer before someone shooting, most lawyers advise that it is better to explain reasons for the recruitment of workers.</p>
<p>• Employers offer to its employees redundant. While compensation is not required by law, many entrepreneurs that offer workers.</p>
<p>Several studies have been received, workers, the severance and other separation pay less likely to initiate action against their companies.</p>
<p>• Some employers do not recognize resign to force the intolerable working conditions for workers to think that this tactic will save them from the action. But it is still considered illegal and employers can claim against constructive discharge.</p>
<p>• If possible, employers must find other alternatives to dismissal, such as freezing recruitment, reducing working hours, reducing overtime authorized offering early retirement programs and other voluntary measures to reduce costs .</p>
]]></content:encoded>
			<wfw:commentRss>http://empoweringdemocracy.org/terminating-an-employee-without-facing-lawsuit.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Drinking And Driving</title>
		<link>http://empoweringdemocracy.org/drinking-and-driving.html</link>
		<comments>http://empoweringdemocracy.org/drinking-and-driving.html#comments</comments>
		<pubDate>Mon, 03 Aug 2009 00:10:18 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://empoweringdemocracy.org/?p=17</guid>
		<description><![CDATA[A survey of 1,000 drivers who admitted driving with &#8220;Brake (the road safety organization), add 50% of drivers, driving and 25% of drivers after drinking a quantity of alcohol it has a clear way driving expertise.
The current legal BAC limit for driving is 80 milligrams of alcohol per 100 milliliters of blood. However, it is [...]]]></description>
			<content:encoded><![CDATA[<p>A survey of 1,000 drivers who admitted driving with &#8220;Brake (the road safety organization), add 50% of drivers, driving and 25% of drivers after drinking a quantity of alcohol it has a clear way driving expertise.<span id="more-17"></span></p>
<p>The current legal BAC limit for driving is 80 milligrams of alcohol per 100 milliliters of blood. However, it is a known fact that there is no foolproof way of drinking and staying within the legal limit. The tolerance of each individual to alcohol depends on several factors, including weight, sex, age and quantity of alcohol consumed, etc. It simply does not know how a person can to drink safely and within legal limits depends.</p>
<p>Many motorists are simply not aware that no alcohol, even a small drink will impair your driving ability. The tolerance of each individual to alcohol depends on the factors described above, and then it is impossible to calculate how much alcohol you have in your blood, even if you know the exact amount you used . The alcohol content of individual alcoholic beverages (eg beer, wine or liquor) is the consumption of the drink and therefore it is virtually impossible to rely on guesswork to consume the units before the trip must be calculated. A study of the &#8220;brake&#8221;, it is estimated that 80 people die each year from accidents by drivers who are under the legal limit, but driving is causing significantly impaired by alcohol. The only sure way is to not drink and drive at all!</p>
<p>There are many local campaigns, such as &#8220;Think!&#8221; their strategy for drinking and driving is to remind all drivers of the consequences of personal conduct, and that a drink can potentially ruin your life convictions. In fact, he not only can potentially ruin your life, but they can end the lives of innocents. There were also other actions such as breach of the Campaign against Drunk Driving (CADD), support for families of victims killed or drunk drivers. They also provide victims of alcohol the driver with emotional support and practical advice and information on the series with a sudden death or injury resulting from an accident with a drunk driver.</p>
<p>If you have been involved in an accident is not your fault, and was from a motorist who was created under the influence of alcohol, you can claim compensation for your injuries. However, it is always important to provide professional advice that you seek to preserve the maximum compensation for your injuries.</p>
]]></content:encoded>
			<wfw:commentRss>http://empoweringdemocracy.org/drinking-and-driving.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Child Visitation Rules</title>
		<link>http://empoweringdemocracy.org/child-visitation-rules.html</link>
		<comments>http://empoweringdemocracy.org/child-visitation-rules.html#comments</comments>
		<pubDate>Mon, 06 Jul 2009 00:09:30 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://empoweringdemocracy.org/?p=15</guid>
		<description><![CDATA[In case of divorce or separation, the child is one who generally suffers the most. It is important to allow the child to know and assure him / her he / she is still loved by both parties.
To consider the case of parents who get a divorce or separation, a break to visit one of [...]]]></description>
			<content:encoded><![CDATA[<p>In case of divorce or separation, the child is one who generally suffers the most. It is important to allow the child to know and assure him / her he / she is still loved by both parties.<span id="more-15"></span></p>
<p>To consider the case of parents who get a divorce or separation, a break to visit one of the important factors. A judge must be based on the best interests of the child decide not to decide whether the parents agreed. In some states, sole custody or joint custody of the child or children may be involved. This child visiting rights would be given to parents.<br />
The custody of the child is a parent caring in the best interest of the child who is not given. Several factors are taken into account, parental health, lifestyle of parents to ensure the ability of the parent company, food, clothing, medical care and shelter for the child and especially the willingness of parents to children. The child can choose which parent will have custody if the child is aged over 12 years.</p>
<p>The Court would normally grant a reasonable amount of contact with one parent. When these visits result in a child in a positive and not lead the child in danger. In this way, the child of time with both parents to spend.</p>
<p>If the court finds that the child may endanger the child may be arrested visit or pay conditions. An example of this is when the child would require a visit supervised by another person to ensure the safety of the child. Other parents may also request the rights of a child.</p>
<p>The parent who has custody of the child should the child visits for children. Do not do this could lead to possible charges of contempt by the court. It is somewhat less clear when the young child is denied access, it is true that the parent of the child in custody for visitation, but should, if the child still refuses, there not much that can do both sides.</p>
<p>Child visit can be changed in case of change of residence or the custodial parent or the parent of a child to access. The child may also decide to increase or the amount of visitation, he / she receives from her parents reduced. Other cases, like when a child is abused, it can also change the schedule visit the child. Before making these changes, due to changes in the order received at court by either party.</p>
<p>It is really delicate and complex, so it is advisable to seek the assistance of counsel. The advice and recommendations of the lawyer is really a great help in this situation and the accused should be consulted before and after divorce to ensure the welfare of children affected.</p>
]]></content:encoded>
			<wfw:commentRss>http://empoweringdemocracy.org/child-visitation-rules.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>J-1 Visa &#8211; The Proper Usage</title>
		<link>http://empoweringdemocracy.org/j-1-visa-the-proper-usage.html</link>
		<comments>http://empoweringdemocracy.org/j-1-visa-the-proper-usage.html#comments</comments>
		<pubDate>Tue, 02 Jun 2009 00:07:57 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://empoweringdemocracy.org/?p=13</guid>
		<description><![CDATA[The U.S. law on immigration is an evolving body of jurisprudence. Consequently, new categories of visas are often a consequence of new immigration rules. The J1 visa is through the provisions of the U. S. Immigration and Nationality Act provided. The J-1 visa as a means of cultural exchange between the United States and other [...]]]></description>
			<content:encoded><![CDATA[<p>The U.S. law on immigration is an evolving body of jurisprudence. Consequently, new categories of visas are often a consequence of new immigration rules. The J1 visa is through the provisions of the U. S. Immigration and Nationality Act provided. The J-1 visa as a means of cultural exchange between the United States and other nations used. That said, it may also impose a famous bar in the foreign residence requirement U.S..<span id="more-13"></span></p>
<p>At that time, the relevant parts of the U. S. Immigration and Nationality Act provides that foreigners pay in the United States to enter with a J1 visa, if public funds, a 2-year foreign residency requirement, which takes place after they have imposed the J1. This means that the J-1 visa can not return to the United States for two years on the visa that all internal migrants has a purpose (K-1 visa, K-3 Visa CR-1 visa, IR 1 &#8212; visa, etc..) after manufacturing with the exchange program.</p>
<p>The political arguments for the strict enforcement of the requirement is 2 years based on the idea that the J-1 nonimmigrant has been able to benefit from the use of public funds to not gain experience for use in migrants, country of origin. In addition, the real reason for the allocation of monetary resources is rooted in the principle that foreigners should travel to the United States, to acquire additional skills and return to their homes to share this knowledge with their community. The provision of a U.S. market for cultural exchange is often a major reason for granting the visa J-1 and sticky that the exchange would often go against the reason for the J-1 Original approval visa.</p>
<p>It may be possible (a non-immigrant visa, as a B-1 Business Visa or a B-2 Tourist Visa receipts) in the United States during the two years of foreign residence, but each day that the J -1, the former owner the United States, 2-one-year limitation is tolled. Therefore, days restricted to the United States on a tourist visa for the U.S. holiday period are not counted on the closing two years of foreign residence.</p>
<p>In some situations, a waiver can be purchased from the requirement of residence abroad, if the applicant has received a J before! and now wants to go to the United States with an immigrant visa. An exemption from the foreign residence requirement is not easily accepted because it has received a waiver from the government should control both from abroad and the U.S. government, none of them excited by the issuance of a such postponement.</p>
]]></content:encoded>
			<wfw:commentRss>http://empoweringdemocracy.org/j-1-visa-the-proper-usage.html/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
	</channel>
</rss>
