Lawyers Blog Health,Legal The Basics of Understanding Disability Law

The Basics of Understanding Disability Law

The Americans with Disabilities Act of 1990, as well as the many laws associated with it, was signed as a way to provide protection to individuals who were constantly the victims of discrimination. This act, as well as the laws under it, put a stop to this problem. While it places focus on every aspect of the disabled person’s life, specific emphasis was placed on employees with disabilities and their mistreatment in the workplace. Law offices like www.parmelelawfirm.com, for example, are well versed in these laws and can answer any questions businesses have regarding these matters.

How Can Businesses Can Be Proactive?

Business owners and managers must be aware of disability laws to make sure they are being followed and adhered to within their workplace. Educational institutions, government institutes, and private business are all bound by these laws no matter how many people are employed. However, the rest of the businesses must have at least fifteen people or more on their payroll in order to be bound by these laws. Businesses must make some accommodations to help the employee perform their job duties, but it should not put undue stress on how the day-to-day operations run. For example, the business should not experience any unnecessary hardships as a result of this new hire.

What Are the Basics of the Law?

The basics of the law state that, if a disabled person is qualified to perform the tasks associated with the job, the business does not have the right not to hire them for that specific position. Doing so is a form of discrimination under The Americans with Disabilities Act. Furthermore, if this person must not be hindered from performing the duties associated with the position they were hired for based upon the fact that they are disabled. This is another form of discrimination that is not tolerated under the 1990 act. If termination occurs based upon their disability, then the business is also discriminating against this person.

Provisions Does Not Mean Special Treatment

The Americans with Disabilities Act of 1990 does not mean the employee requires special treatment or does not fall victim to standard company downsizing. For example, if the employee is not performing up to par or meeting expectations alongside other employees who are not performing well on evaluations, they must be held accountable in the same way. As with company downsizing, businesses are not expected to keep a person on the payroll just because they are disabled. If the company is required to cut an entire department and some of those people on the payroll are disabled, then that is what must occur. For those businesses that are truly concerned about these matters, they should get in touch with law firms like www.parmelelawfirm.com with their questions.

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Does the Government Shutdown Effect Workmans Comp?Does the Government Shutdown Effect Workmans Comp?

The recent government shutdown has many people concerned about which programs will continue and which programs will be suspended indefinitely. Workman’s Comp is no different. Many people who receive Workman’s Comp have been wondering if they will still get their benefits or if they will have to find some other avenue of covering a portion of their bills. This is the same question that many individuals are asking who depend on the federal government for employment benefits or assistance of virtually any type. The short answer is that for the time being, Workman’s Comp will continue as scheduled. However, it should be noted that there are no simple answers regarding the government shutdown. There are, however, many gray areas.

Most of the gray areas occur regarding federal employees who are receiving Workman’s Comp before the government shutdown occurred. Private employees who are receiving Workman’s Comp are scheduled to receive their benefits without delay at this time. However, many federal employees who are currently working find themselves either forced off of work until the government shutdown is resolved or they are working without pay. It stands to reason that any federal employee who is currently working and is not being paid can expect not to be paid if they are receiving Workman’s Comp. This is one of the many gray areas that has occurred regarding the government shutdown and many individuals who are directly in the center of this calamity have little knowledge about how they will ultimately be affected.

The other problem is that even more ominous things can happen if the government shutdown is not resolved rapidly. The government will default if the issue is not resolved by mid October. If this is allowed to occur there is a great deal of uncertainty about how many government programs will be affected, including Workman’s Comp. Virtually every individual from federal employees to senior citizens are deeply concerned about whether or not they will receive benefits if the government defaults. Unfortunately, it is largely up to the federal government to decide which programs, if any, will be funded. This means that virtually every individual is at the mercy of the people in Washington to decide their fate. There is also the very real problem of finding a way to fund government programs in the event that there is no money to fund the programs with, which is what will happen if a default is allowed to occur.

In closing, anyone who is receiving Workman’s Comp who is concerned about their ability to continue to receive benefits should contact the Law Offices of Oliver C. Minott with any questions they may have. Having proper legal representation is vitally important at any time, but it is especially important during this time of uncertainty.

Hiring a Criminal Defense AttorneyHiring a Criminal Defense Attorney

The majority of people in the Houston area that need to hire a criminal defense attorney usually have little experience with being in trouble with the law. The minute they are arrested, they simply choose the first attorney they can find out of fear of spending any time in prison. Use a few of these tips to ensure you hire the best criminal defense attorney in Houston.

A Board Certified Attorney

If you do nothing else when looking to hire a criminal defense attorney, make certain they are certified with the Texas Board of Legal Specialization. There are well over 70,000 lawyers that are currently practicing here in Houston, but there are only under 200 that are board certified. This will ensure that if your case goes to trial you have the absolute best chance of beating the case.Years of Experience

Just like any other profession, the more years experience on the job, the better the person is at what they do. Trail experience is very important when it comes to finding and hiring the right criminal defense attorney. Find out if they have recently become a defense attorney after a long career as a prosecutor. The transition is often difficult, and you do not want to be one of the first cases they are trying as a defense attorney.

Trust Your Gut Feelings

This criminal defense attorney in Houston will basically be holding your life in their hands, so make sure that you communicate well with them. If you get the feeling that you are just another case and that they are not getting emotionally involved, it might be a good idea to look for an attorney you communicate better with. They should be easy to talk to and yet aggressive when it comes time to defending you in front of the court.

Time To Pay The Bill

Make sure that you understand the payment structure, and then be certain that you are comfortable with the payment plan. Just because an attorney says that they promise to be the lowest rates in Houston, never let that be deciding factors in how you choose your attorney. You are most likely going to be paying for these fees upfront, so getting a crystal clear understanding of the payment should be laid out in your written contract. If your criminal defense attorney decides to charge you per court setting, you might want to negotiate a different payment structure.

Paying for each court setting could wide up costing you a tremendous amount more than a traditional defense attorney fee. In addition to paying more, if you lose the case, you are going to be spending much more and be extremely unhappy too.

How to Find Help With BankruptcyHow to Find Help With Bankruptcy

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The first step will be to schedule a no obligation appointment with a bankruptcy attorney. During this meeting, he can evaluate your situation and explain the options available to you. Depending on your debt and income he will recommend which chapter is correct for you, 7 or 13. He will explain what assets can be protected and which ones must be included in the bankruptcy. Which debts will go away and which ones must be paid regardless of bankruptcy. He will explain all the cost associated with filing and the attorney fees. An experienced attorney will help you plan for the bankruptcy process. It is important to protect assets and also help you prepare for recovery afterwards. With a proper plan, you can be back on your feet financially faster.

A skilled attorney not only knows the law but also has relationships with the Bankruptcy Judges. This is an important question to ask your attorney. When you have a bankruptcy hearing, the Judge will decide whether to allow you to keep or pay for certain assets based on values claimed in the petition. Your attorney will explain what values are acceptable in the courts eyes. The attorney representing you can help “paint a picture” for the Judge that will put you in the best light. Relationships are important in all walks of life and especially when your financial future is being determined.

Finding help for bankruptcy can be confusing, the first step is gathering information to make the best decision for you and your family. Kirkpatrick & Associates will provide a free consultation and stop the bill collectors immediately!