Were you recently denied unemployment benefits after being terminated by an employer? Have you appealed that denial? If so, then you may need to prepare for an appeal hearing. Appeal hearings are legal proceedings held in front of an unemployment court officer. They’re often held in government offices and conference rooms. In some states, you can take the issue to court or to a second appeal should the first hearing not go your way. In other states, though, the ruling in the appeal hearing is final. Either way, it’s important that you put your best case forward. Here are three tips to help you win your appeal hearing:
Thoroughly review the denial statement. When your claim was denied, you should have received a document in the mail explaining the reasons for the denial. This document may be a few pages long and could have a lot of legal and technical language. You may find it complicated to read. However, it’s important that you put the time in to understand the document as it will explain the exact issues you need to address in the hearing.
Some of the most common reasons for denial are that the unemployment agency believes you quit your position, that you were terminated for good cause, or that you didn’t earn enough in the prior year to qualify for unemployment. The letter should state which reason applies to your case and what evidence exists to back up that reasoning. You can use the information to collect documentation and evidence to show why that reasoning is false. If you find the letter too difficult to understand, consult with an unemployment attorney.
Bring witnesses. Since the hearing is a legal proceeding, you’re allowed to bring witnesses to testify on your behalf. This can be especially helpful if your employer is claiming that you resigned or that you were fired for cause. Even if you quit, you can still get unemployment benefits if you felt you had no other option. For example, if you were being sexually harassed and witnesses can back up your claim, the court may still rule in your favor. However, you may need a witness who witnessed the harassment and how it affected your mental health.
Bring multiple copies of all documents. In other situations, documentation can be critical. For example, if your claim was denied because your employer claims you didn’t earn enough for benefits, you may need to bring pay stubs and tax documents to counter that claim. Be sure to bring enough documents for all parties involved. You’ll need a copy for the other party, a copy for the court administrator, and a copy for yourself. You may be asked to send in documents in advance of the hearing, but don’t assume that the court administrator reviewed them in advance.
For more information, talk to an attorney who handles unemployment appeals, such as the Law Office of Matthew J Brier. They can help you prepare for the hearing and even represent you and argue on your behalf.Learn More
You have the right to exercise your right to free speech and to protest. However, depending on the conditions under which you protest, the police may choose to arrest you. Since the right to protest is an important and cherished right, you should do whatever you can to have the charges dropped.
You Can Protest as Long as You Aren’t Breaking the Law
Protesters are sometimes arrested when they trespass in order to carry out a protest. Protesting is protected in traditional public forums, such as parks and sidewalks. However, you may try to protest in an area that appears to be public, but is actually private. Still, if you were given consent to use the private property for a protest, you can use this as a defense if the property owner later revokes his or her permission.
Another reason you may be arrested is because you were disobeying the order of a police officer. For instance, if the police ask you to disperse from a particular area and you refuse, you could be charged with disobeying a police officer.
While you are allowed to peacefully protest, you are not allowed to cause violence or destruction. Also, you cannot issue threats. If your behavior places others or yourself at risk, such as if you lie down on the street and block traffic, this would not be protected under the First Amendment.
You Can Express Any Views
You are allowed to express any views, even if they are considered to be controversial. However, you may be told to lower the volume of the protest. If the protest requires that you use an elevated volume, you may need to consult with the police regarding the time and place that you would be allowed to engage in such a protest.
Permits Are Sometimes Not Required
Police officers will sometimes argue that you need a permit. However, permits are only required if your protest is not being conducted in an area that isusually protected. Therefore, if a police officer arrests you when you do not actually need a permit, your legal right to protest can be used as a defense.
If you are arrested and you believe it is for an unlawful reason, make sure that you only provide your name and address to the police officer. If you provide any other information, anything you say could be used against you. If you call a friend or family member, do not discuss the situation because your conversation will be recorded. Instead, if you have a criminal defense lawyer, ask to see him or her as soon as possible.Learn More
Divorce can be one of the most stressful experiences you go through in life. It can be particularly tricky if there are children involved. No one goes into a marriage expecting it to fail, but just in case you find yourself in this situation, you should be aware of some important do’s and don’ts to protect yourself as much as possible.
Divorce is hard emotionally. It is easy to lose your cool and want to strike as hard at your spouse as possible. However, it is always better in the long run to play it smart and remember these do’s and don’ts. For more tips, contact an experienced lawyer like Mira Staggers White.Learn More
If you choose to adopt, you have options, including the possibility of adopting internationally. If you decide to adopt from another country, there are all kinds of things that you have to do and people that you have to work with.
There are adoption agencies that will work specifically with different countries and ones that will work with a number of countries. If you know what country you want to adopt from, it’s best for you to go with the first option. That adoption agency will be more familiar with the rules and regulations of that particular country. That can save you a lot of time in a process that can be very lengthy.
If you are going to adopt, you need to have a lawyer help you. It doesn’t matter if it’s a domestic adoption or an international adoption, there are legal considerations. For an international adoption, the lawyer you want is going to need to be versed in family law and immigration law. Your child will need to have visas to travel into the country, and then it will take a lot of paperwork for them to become US citizens. The lawyer will be able to tell you what you will need, and help you come up with substitutions or replacements. For example, you may not be able to come up with a birth certificate from your child’s country of origin, especially if they were in an orphanage. However, the lawyer may suggest that a signed affidavit from orphanage workers may be sufficient.
Once your child gets into the country, the lawyer can also help you in family court to make sure that the adoption is completely finalized.
Before your child comes into the country, they will have to have medical clearance. That will include doing things like making sure that they don’t have certain diseases and giving any necessary treatments. Your child will also have to get caught up on any vaccinations that they may have missed. For vaccinations that are a series of shots, generally the first shot will be given in the country of origin, and the rest can be administered by your normal physician.
Choosing to adopt a child from another country can be very time-consuming and expensive. However, bringing your new child home and having your family be complete is worth all the struggle. Making sure that you are getting help from the right people can make the process easier.
For more information on the adoption process, contact a family lawyer such as Ivy Law Group PLLC.Learn More
Getting a financial settlement as result of a personal injury claim may seem like a straightforward process. However, if you have never sought a claim before, it is easy to make mistakes that could sabotage your case. Here are some things to avoid doing if you want to be successful with your claim.
Discussing Your Case without Your Lawyer Present
If you get a call from the insurance company, you may think nothing of answering questions about your claim. However, it can be a mistake to talk to the insurance company without your lawyer present for a number of reasons.
For one thing, when you discuss your claim without your lawyer, you may be inclined to take an offer from the insurance company that is too low. It is also possible that insurance company may use your words against you; having an attorney present or on the line when talking about your claim can ensure that you don’t share anything that could sabotage your claim.
Not Following the Orders of Your Physician
Although you might have seen your doctor after you were injured, you may have decided not to follow the treatment they laid out for you. For example, they may have told you to stay home from work for a while, but you decided to go to work because you could not afford to miss multiple days at your job. This can be a problem, because the insurance company may try to claim that your injuries were not as bad as you say they were, and refuse to offer you a settlement.
Therefore, if you have a good reason for not listening to your doctor, ensure you can prove why you did not. For example, you may have religious restrictions that do not allow certain treatments. Be sure to tell your attorney about such a situation and talk to your doctor about whether there are other treatments you may be eligible for.
Sharing Information on Social Media Sites
Sharing things on social media sites may be something that you’re used to doing everyday, but it is important that you avoid talking about your insurance claim. Insurance adjusters hire investigators who may look up your social media profiles to see what you are posting in an effort to build a case against you. To avoid this, make sure your profile settings are set to private; this way, only those you approve can see what you are talking about.
Now that you know what kind of behavior you should be avoiding when seeking a settlement for your personal injury claim, be sure to use the information above to make sure you are not sabotaging your own case. Work closely with your attorney (like those at Randall A. Wolff & Associates, Ltd) to ensure you are doing everything necessary to get a fair settlement.Learn More
When you get into a car accident, many injuries show up right away, but others do not. In some cases, the injuries take longer to manifest, and you may need to file a claim later than you expected. Here is more information about injuries that show up late and how to handle them.
How Injuries Show Up Later On
While the more obvious injuries do make themselves known right after a car accident, others can take a little time. After an accident, you are likely running on adrenaline, so you don’t feel the extent your injuries. After an accident, you are likely running on adrenaline, so you don’t feel the extent your injuries.. You may find that after a couple busy weeks, you start experiencing chronic pain and find out from your doctor that it was likely a result of the accident.
The Frequency of Soft Tissue Injuries
One of the more common injuries that tends to appear late is a soft-tissue injury. A soft tissue injury affects your muscles, tendons or ligaments, but not any bones. A bone break is usually distinguishable by the look of a break as well as the intense amount of pain. However, soft tissue issues are sometimes subtle and only cause mild discomfort until days or even weeks later.
This kind of injury could occur from knocking you shoulder against the car door window or experiencing a twisted ankle as a result of your body movement during the collision. Whiplash is also considered a soft tissue injury, which may not show symptoms until much later.
How to Report Your Injuries
If it has been a little while since your car accident and you are just now experiencing pain or signs of an injury, seek medical help, then call an attorney. It is important that you report your injuries, no matter how long it has been since your accident. Having medical records will be very helpful when trying to represent your case. Be sure to save all records, from receipts for any co-pays and prescriptions, to documents from your doctor, physical therapist, or chiropractor.
A personal injury attorney specializes in this type of case, so they are the best type of lawyer to see for late-appearing car accident injuries. They will look through your medical records and decide if they think you have a case. Also be sure you are within your statute of limitations for filing the claim.
For more information, contact a personal injury lawyer like those at Gibbs and Parnell.Learn More
When child custody is in dispute and left to the judge to decide, judges usually use a standard referred to as “best interest of the child”. This judgment may at first appear to be vague and ill-defined, but within the scope of this issue there are certain standards that judges use to help them to make that determination. If you are involved in a child custody dispute, read on for the five factors that are used to determine what the best interest of the child may be.
1. The age of the child: In the past, judges would usually place babies and younger children with the mother automatically, unless there were obvious issues with the mother’s fitness. The so-called “tender age” rule no longer exists, but many judges do persist in giving custody to mothers, even when there may be no logical reason to do so. Nursing mothers are almost always given custody for practical reasons.
2. The housing situation: The parent with the family home is often given preference when custody is decided. Judges reason, rightly so, that children will suffer less disruption to their routines if they are left in familiar surroundings. The parent without the family home who is seeking custody should take care when making their living arrangements. While it may be cheap and convenient to crash at a friend’s apartment, don’t expect the judge to be impressed with your bachelor pad living situation when it comes time to decide child custody.
3. Your attitude about your spouse: Judges will look carefully at how the parents relate to one another and prefer to see a parent who is respectful towards the child’s other parent. A parent who bad-mouths, manipulates or causes drama will likely score very low on the judge’s scale for parental attitude, and custody with that parent may not be considered in the best interest of the child.
4. The child’s desires: This issue varies widely from state to state. Some states refuse to involve the children in this decision entirely, and other states allow for children of a certain age, usually at least early teen-aged years, to have a hand in the decision. Some states use a separate professional, called a custody evaluator, to assist in evaluating the child’s preferences.
5. Unfit parents: Obvious issues with one parent such as drug or alcohol abuse, other types of abuse, mental incapacitation, etc, if proven, will result in custody with the fit parent.
Child custody issues are contentious and stressful for all concerned. It is not enough to simply love your child and be certain that you are the best one to be awarded custody, you must prove to the judge that it is in the best interest of the child that you receive custody. Discuss your child custody situation with a divorce attorney from a firm like the Law Offices of Gordon Liebmann who can help you to prove your fitness as the custodial parent.Learn More