Saturday, August 19, 2017

Discrimination for Mental Disability

These laws also provide reinsurance guarantees for eligible employees who take their work permit protected by the absence. Disability discrimination occurs when an employer considers a qualified employee or applicant with a disability unfavorably because she has a disability. Disability discrimination may also occur when an employer can not provide a qualified employee with a mental or physical disability, with all rights required by law.

A complex interaction of federal, state, and local statutes creates confusing filing requirements, deadlines, and procedures that must be followed strictly before proceeding with a discrimination lawsuit.

Disability Discrimination Lawyer 

It is unlawful for an employer to discriminate against an individual based on his or her physical or mental disability. All employees must meet certain conditions to be considered disabled, and if classified as mentally disabled, may be legally protected from discrimination and harassment in the workplace. Under the American Disabilities Act and The California Fair Employment and Housing Act, an employer is not permitted to take adverse action against an employee because of the employee's mental disability.

Laws Against Discrimination and Harassment for Mental Disabilities

The California Disability Act contains more protection for individuals with mental or physical disabilities compared to The American Disabilities Act under Federal law.

Mental disability includes all mental or physical illnesses such as mental retraction, organic brain syndrome, emotional or mental illness, also learning disabilities that prohibit normal activities in life. Conditions that are automatically considered mental disabilities are: clinical depression, bipolar disorder, post-traumatic stress disorder and any other condition that requires special education or similar services.
Examples of Mental Disability Discrimination

Discrimination and harassment for mental disability can be important in the quality of your life, and can have a negative impact on your career. Examples of discrimination for mental disability in the workplace include:
  •     Dismissing the employee after discovering that the employee has a mental disability
  •     Assign bad shifts
  •     Insulting or joking about mental disability
  •     Assigning inconvenient shifts
  •     Not making correct accommodations for the employee who is mentally disabled
  •     Offering poor conditions in which the employee has to work
  •     Not allowing the employee to lose work for medical appointments
  •     Not giving reasonable accommodation in the workplace
  •     Not allowing enough time to individual to complete their work

How Long Does a DUI Conviction Remain in My Criminal Records?

How long does a DUI conviction remain in my criminal records? Can I ever remove it from my court file? The short answer is that a DUI conviction in California is never really "eliminated" from someone's criminal record. Anyone who performs an in-depth investigation of their criminal records will probably find the DUI conviction. This is maintained in this way until years or decades after the fact. But there are two forms of relief available:

DUI Criminal Background Removal

You can erase your DUI from your court record. A DUI criminal record is available after you have successfully completed the probationary period and served the probationary period (but any violation of the probationary period may subsequently prevent you from obtaining DUI criminal records). Fulfilling the conditional period usually takes three to five years from the date of the DUI conviction (and then is eligible for a DUI criminal record).

Can You Get A Dui On A Horse

A DUI conviction grant) allows you to (1) withdraw your plea of ​​guilty or non-plea, (2) resubmit your plea of ​​no guilty, and (3) dismiss the case. The fact of DUI conviction will likely be revealed in a background investigation. But by law, employers are not allowed to hold the DUI against you once the DUI is deleted from your court record. After the DUI is deleted from your court record, you can legally say "No" in an employment application to the question: "Have you ever been convicted of a crime" (at least as far as suppression of antecedents DUI penalties).

While DUI criminal record suppression can be valuable in terms of a job application, it is of less value requesting state licenses. If you request (or apply for renewal) a state license such as a contractor license, real estate license or nursing license, you must disclose any DUI conviction (even if it has been deleted from your court record). And state agencies granting certain licenses, unlike employers, may use a DUI conviction erased from their judicial record against the candidate.

The 10 Year Period to Eliminate DUI

A DUI conviction (or being taken and reckless) is "prioritized." This means that if you get another DUI, it will be considered a second offense. The penalties and punishments of the second, third, or fourth DUI offense are exponentially greater. A second DUI offense in California, for example, carries a two-year license suspension. A third DUI carries a three-year license suspension and minimum jail time of 120 days.

But a DUI loses its priorability-or is "eliminated" - after 10 years. For example, suppose someone has prior DUI convictions in 1996 and 1999. In 2007, they give him a third DUI. As more than 10 years have passed since the 1996 DUI, it can no longer be used against him as "having committed a prior DUI." Then your new offense can only be treated as a second DUI offense and not as a third offense.

Sunday, July 30, 2017

Calculation of Child Support Payments

What is a guidelines worksheet? A guideline worksheet is a form that is used to calculate the amount of child support that is owed. In Colorado there are two guidelines worksheets. One is used in cases where parents spend more than 92 nights with the child. This is known as "Worksheet B: Shared Physical Care." The second worksheet is used in cases where one parent spends less than 92 nights with their children. This is called "Worksheet A: Individual Physical Care."

Calculation of Child Support Payments

Calculation of Child Support Payments

I pay the child's day care and buy all his clothes. Does this count as child support?

The guidelines contain a basic child support program that includes the typical expenses of children, such as food, clothing, shelter, and services. The actual cost of daily childcare related to work and education paid by either parent is added to the basic child support obligation when determining the amount of the child support order. The extra money paid by the parent who does not have custody for the child and who has not been ordered by a court is generally considered a gift.

What expenses are taken into account and what documentation do I have to provide regarding these expenses?

If you are paying other child support orders or maintenance / support / support for your spouse, this can be deducted from your gross income. If you have older children of other relationships who live in your home, you can receive credit in the calculation of child support. If you are paying for an orderly expense for postsecondary education, this amount can also be deducted from your income.

The costs of daily childcare related to education and work, medical insurance, some uninsured medical expenses and transportation of the child to spend time with the parents may be included to determine the amount of child support that is owed.

The father and mother must present proof of payment of any expenses that they make to be deducted from their income or added to the obligation of child support.

We share custody, does that affect the amount I have to pay?
If the noncustodial parent has the child in their home for more than 92 nights a year, credit can be given in the calculation of the guidelines. This is known as "Shared Physical Care." "Worksheet B: Shared Physical Care" is used to calculate the amount of child support you owe.

If the physical care of the children is divided between the parts, this is called "Divided physical care". For example, there are three children and two live mainly with the mother and one mainly with the father. For divided physical care situations separate worksheets are prepared to determine the amount of child support each of the parents owes to the other for the children they are primarily in their care. Then the minor sum of the largest sum is subtracted to determine the child support order. In this example, if it is determined that the father owes the mother $ 300 dollars for the two children who live with her and the mother owes the father $ 150 for the child who lives mainly with him, the father will pay the mother $ 150 .

Are other accounts, such as rent and car payment, taken into account in calculating the amount of support?

Parental expenses, such as car payments, which are not related to child support, are not taken into account. The guidelines do take into account children's housing, food, utilities, clothing, and other basic expenses.

What can I use to verify my income? What happens to parents who are self-employed?

Generally, you must complete some forms that provide your income and expenses to the court or the Child Support Enforcement Unit (CSE). You are required to attach the most recent three pay stubs and the three most recent tax returns. If you have not filed the tax returns, you can file the W-2 forms and the 1099 forms. If you are self-employed, you must file your business tax returns for three to five years, as well as an affidavit of gross income and Commercial expenses Sometimes the local CSE unit needs additional information to determine your child support income, such as bank business records and profit and loss statements.

 What happens if one of the parties has no income?

If a party is not employed at its full capacity, income can be determined on the basis of its ability to generate income. Generally, no income is assigned to a parent in the following situations:
  •         The parent is physically or mentally disabled.
  •         The children of one of the parties are under 30 months of age and one of the parents takes care of the child instead of working.
  •         The parent is being trained or is studying, which will give you the possibility of having a better paid job in the future.

If I have children of another relationship living in my home for whom I am responsible, do I get "credit" for them in determining the amount of child support?

If the children of another relationship are older than the children for whom child support is being determined, you will receive credit on the child support worksheet.

Does extra time count as part of my income?

Generally, overtime is not counted as part of your child support income, unless your employer requires it.

Does this order allow me to have a visitation regime with my child?

The local Child Support Enforcement unit can not help establish the visitation regime, also known as parent time. However, you can ask for a court hearing to be given time to spend with your children. You can hire a private attorney to help you.

If I am getting disability insurance, does that count as income for child support purposes?

If you receive disability money based on your previous employment, it is considered income for child support purposes. For example, you worked for a government agency for 20 years before becoming disabled and now the agency pays you disability insurance.

If the money you receive for your disability is considered (based on income) as a proven public assistance, then it is not considered as income for child support. An example is the Supplemental Security Income (SSI) that is received from the Social Security Administration. Note: Social Security disability income is considered as income because it is based on a person's employment before becoming disabled.

Difference Between Bail And Bond

On bail allows arrested persons to stay out of jail while awaiting trial. It can be paid by friends, family or the person accused of a crime. In fact, anyone can get bail from another person.

Most people who do not want or can not get the bail money themselves seek the services of guarantors, who pay bail in exchange for a commission. The bond bail bond fee is usually 10 percent of the total amount of the bond, although it may vary depending on the circumstances. A guarantor can help you understand your rights and can assist you with the bail process.

Difference Between Bail And Bond

Difference Between Bail And Bond

Before bail : arrest process

In the arrest process, the police must read aloud the defendant's legal rights, known as the Miranda rights. After the arrest, the accused is transferred to jail and is "enrolled", which is essentially an administrative procedure.

The bail process

Bail is a right protected by the Constitution of the United States. The bond consists of a "surety bond" (usually in the form of cash) that the court has to make sure that the person accused of a crime appears to appear before the court of justice when it is cited.
Miranda Rights

In the landmark Miranda case against Arizona in 1966, the Supreme Court ruled that police should inform suspects of their legal rights prior to their arrest. These rights, which since then are known as "Miranda Rights", consist of the following:
  • You have the right to remain silent and refuse to answer questions.
  • Everything you say can be used against you in a court of law.
  • You have the right to consult a lawyer before you speak to the police and have a lawyer present during the interrogation from this time and thereafter.
  • If you can not afford a lawyer, you will be assigned one before any questioning (if you wish).
  • If you decide to answer the questioning at this time without the presence of a lawyer, you still have the right to stop answering at any time until you consult a lawyer.

Most people who are arrested have the opportunity to pay a bail. The payment of the bond allows the defendant to remain free until the trial. After the arrest and the processes of transfer, the judge determines the amount of the bond, and the bail process begins within 48 hours. However, in certain circumstances and usually with the assistance of a professional guarantor, it can start in just one hour.

If the crime is relatively minor or if the judge considers that the accused will not flee justice, he may be released "under oath", in which case no bail is required.

Determination of security

Courts of justice take into consideration several issues when deciding the amount of bail that the defendant must pay to leave the prison. For certain offenses, courts use a "bail schedule," which consists of a list of offenses and the amount of bail that must be paid for such offenses. While widely used for most common crimes, bail lists do not cover all offenses; When a person is charged with a crime that is not covered by the court's bail-out list, the judge will determine the amount of bail to be paid. For example, if you are arrested for DUI (DUI), the amount of the bond usually varies, but a DUI lawyer can help you throughout the entire process.

Bail bonds

There are two ways to pay the deposit:
  •     The defendant may pay the stipulated bail with his own funds or with money he has borrowed from family or friends.
  •     Or the defendant may use a bail bond agency to pay bail in exchange for a commission and a guarantee, which is known as bail bond. In exchange for this service, the person requesting the bond bond usually must guarantee the loan with some type of guarantee and pay the guarantor a non-refundable commission equivalent to approximately 10 percent of the total amount of the deposit.

After payment of the deposit

After payment of bail, the defendant is released but must appear before the court when summoned. When the accused appears in court at the scheduled time, the bond that has been paid is returned to the person who paid it.

History of bail

The current United States surety law has its roots in seventeenth-century English law. The habeas corpus law of 1679 ordered the authorities to release the prisoners with one or more guarantees or guarantees (money or something else of value). Ten years later, the English Bill of Rights required courts to order fair and affordable bail. The Eighth Amendment to the United States Constitution, which also protects the defendants from excessive bail, was based on this English legislation.

In cases where the guarantor pays the bond, it is returned to the guarantor who in turn returns the guaranty to the accused less the commission that charged him for providing the bond bond. However, if the defendant does not appear in court, an arrest warrant is issued, and the court keeps the money. In addition, the defendant loses the security pledge he offered to guarantee the bond bond.
Common bail questions

Is the bond the same in all states?
No. Bail varies from state to state, and even from county to county in some cases. To determine bail procedures in your state or county, you could contact a guarantor who is in your area.

How is the amount of the deposit determined?
In some cases, the judge decides when to pay the accused; Although with common crimes, most courts use a bail list.

How long can I be released?
It will be released as soon as the bond is paid.

Can I pay the bond for myself (without a guarantor)?
Yes, the bond can be paid without a bond, in which case the bail money is returned when the defendant appears before the court at the scheduled time. If the defendant can not or does not wish to pay the bail amount from his own funds, he can obtain a bond bond, which typically includes a nonrefundable commission of 10 percent; Said commission varies according to the guarantor.
Your rights with respect to the bond

Except in cases where it is determined according to a fixed list, the bail remains at the discretion of the judge. However, the Eighth Amendment prohibits courts from imposing "excessive bail". To learn more about your rights and bail process, contact a guarantor today in your area.

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