Recently, there has been a huge upsurge in the number of sexual harassment lawsuits. It all started with Anita Hill’s televised testimony at the Clarence Thomas Senate Confirmation hearing to become a Supreme Court Justice in 1991. Then Paula Jones’ lawsuit against President Clinton and several multimillion dollar verdicts have caused a wave of litigation.

In 1998 the U.S. Supreme Court handed down two important decisions that put the ball in the employer’s court in sexual harassment cases. Basically, they gave employers an “affirmative defense”, provided that they have a policy that makes it clear that the company does not tolerate sexual harassment. This article will briefly summarize 7 secrets to keeping your company out of court in 2008.

#1 Have a Written Sexual Harassment Policy
All employers should have a written sexual harassment policy, which at a minimum provides: what sexual harassment is; sets forth a mechanism for reporting it; states that all complaints will be promptly and thoroughly investigated; that there will be no retaliation for making the complaint; and that if a violation is found, that prompt and effective remedial action will be taken.

#2 Communicate Your Sexual Harassment Policy to All of Your Employees

It does no good to merely have a sexual harassment policy that is sitting gathering dust in the Human Resources department or in an employee handbook, the policy must be communicated to all of your employees. It should be distributed to employees at the time of hire, explained to them, and have them sign acknowledging receipt and agreeing to abide by it. It should be posted on the wall and where appropriate, translated into Spanish. It should be discussed at employee meetings.

#3 Implement Your Sexual Harassment Policy

Most importantly, your policy must be enforced and taken seriously, so that employees feel comfortable using it. It is not enough to have a policy and communicate it, if you don’t implement it.

#4 Provide Training for All of Your Supervisors

Under a new law, AB 1825, California now requires all employers with 50 or more employees to provide a minimum of 2 hours of training to all of their supervisors. Connecticut has a similar law and other states are expected to follow.

While it isn’t required for employers with less than 50 employees, it still is an excellent idea, since it improves employee morale by preventing problems in the first place; teaches supervisors how to nip the problem in the bud; and if an employer is ever sued the first question that they will be asked is: “what have you done to train your supervisors about sexual harassment prevention?” The employer can respond by providing the attendance sign-in sheet from the training seminar.

#5 Investigate All Complaints Promptly and Thoroughly

As soon as an employer receives a complaint, it must immediately start investigating, even if it isn’t a formal written complaint. Remember, there is no such thing as an “off the record complaint”. Once a supervisor finds out about a complaint, the employer is deemed to be put on notice and must start its investigation. All relevant witnesses should be interviewed and the alleged harasser should be given an opportunity to respond to the allegations made Action.

#6 Take Prompt and Effective Remedial

Once the employer completes its investigation, it should take prompt and effective remedial action. What that is depends upon the facts of the specific case and could range from a written warning, to a suspension, to termination, depending upon the circumstances. In making its determination, the employer should consider the severity of the alleged conduct, and the prior work history of the alleged harasser. The results of the investigation should always be well documented and communicated to both the complaining party and to the alleged harasser.

#7 Follow-up with the Complainant

After the investigation has been completed and remedial action, if any, taken, the employer should always follow-up with the complainant within two weeks, to make sure that the situation has been satisfactorily resolved. Don’t wait for the employee to come to you to tell you that the problem has not gone away or that they are now being retaliated against for complaining, by then you may already have been sued.

For a free evaluation of your existing sexual harassment policy or to schedule a training seminar contact Eli Kantor, Beverly Hills, CA 90212 at (310) 274-8216 or email here.
Sexual Harassment Prevention
Beverly Hills Immigration Law

When a driver is in an automobile accident with another driver who has insurance with proper coverage, recovery for damages is generally straightforward. However, not every driver carries automobile insurance, which is in violation of state compulsory automobile insurance laws, or has the proper coverage. People do drive vehicles without insurance and are cause an increasing number of accidents each year. When an automobile accident involves an uninsured/underinsured motorist, recovery for damages becomes more difficult. An uninsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has not insured their vehicle. An underinsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has insured their vehicle but at limits that are insufficient to cover all of the damages sustained in the automobile accident.

If a driver is involved in an automobile accident with another driver who is uninsured or underinsured, the driver would be compensated by their insurance company if they had purchased uninsured/underinsured motorist coverage in their insurance policy. This covers property damage–such as car repairs, bodily injury–such as medical expenses, and other compensatory damages–such as pain and suffering. Uninsured motorist coverage also comes into play when injuries are sustained due to a hit-and-run automobile accident. Uninsured/underinsured motorist coverage can also be used if a person is hit by a vehicle as a pedestrian.

It is extremely risky to drive without insurance or without proper insurance, so always be sure that your insurance is up to date and covers all of your motor vehicles’ needs. If you are properly covered, then your insurance should cover the costs of an accident, should you be at fault. If the other driver is at fault, then their insurance should pay. However, in the case that the other driver does not have insurance or their insurance is not sufficient, it is wise to have an insurance plan that covers you even if you are hit by someone without insurance.

Although a driver can possibly sue a uninsured/underinsured motorist if their insurance does not include uninsured/underinsured motorist coverage, there is no guarantee that the uninsured/underinsured motorist will have the money or assets to pay the judgment. Therefore, including uninsured/underinsured motorist coverage in an insurance policy simply makes sense.

If you have been in an automobile accident and have suffered injuries, you may have a legal case. If you would like to contact a lawyer, please use the Find Attorney button at the top of the page.

LegalView.com is your source for everything legal. Visit http://legalview.com. Visitors to LegalView.com can get help to find a construction accident lawyer, a mesothelioma attorney, and more. You can also get help to find a car accident injury lawyer at http://crash.legalview.com.

Real estate law is multi-categorized and is governed by a lot of different facets. “Real” refers to real property. This is land and the things that are permanently a part of the area, that is, what is attached.

This goes for anything “underneath” too, so if any crude oil or natural gas is buried beneath, the land owner has first rights to the resource.

With property ownership, or the prospect of owning, there come risks. Most of this is liability, liability to the state and those who border the property. For instance, when purchasing a lot within the city, there are zoning restrictions.

A city may designate a certain size structure on the land, and if the owner decided to assemble a four-story goliath mansion home, the other owners of single floor rancher-style houses on that block might not be so pleased, the same goes with the city.

There is a great deal of ownership liability that goes to third-parties as well, such as land owners paying mortgage on a house to a lender. This is probably the most common liability that is known. If the owner does not pay, then they default on the loan and the lender, such as a bank can claim the property as payment.

State Law

Property laws trace its history back to the monarchs who ruled much of the continent of Europe. This was brought to America and from there has evolved a great deal. Real estate law, like most all law type, is still constantly evolving today as new cases are brought to courts.

Because events are often relating to geography and local cultures and law, there are a lot of aspects of real estate law that reflect this and are divided up by states.

For instance, if you were having a land dispute with a neighbor and you owned a tract of land near Coeur d’Alene, Idaho you would ideally want to consult with Coeur d’Alene real estate attorneys — even if you retain an attorney in Pittsburgh or some other city where you make your residence — to know what is fully involved regarding that specific city’s statutes.

A Coeur d’Alene real estate attorney can advise you on the specifics with Idaho’s real property laws and can give you a heads up on what your rights are as a land owner pertaining to that tract of land you own and the dwelling that reside within.

Hiring a real estate attorney’s group, no matter where you plan to buy land, would lend you piece of mind and a defense or litigations counsel if that dispute with the neighbor ends up in court.

Beck & Poorman (http://www.beck-poorman.com/real_estate_law.html) is a legal firm that advises in varied legal matters. Among their staff are Coeur d’Alene real estate attorneys working in both private and public sectors. Located in Hayden, Idaho, they have a combined work experience of 35 years.

Obtaining bridal visa for Ukrainian fiancee indeed is an important and so to say big issue, which may arise on your way to happy married life with your Ukrainian sweetheart. Today it is quite easy for foreigners to come to Ukraine.

Citizens of some countries, such as USA or European Union, do not even need to open visas to come and visit this country. However, when it comes to opening visa for your fiancee to come to your country, you have to be prepared to face certain challenges and difficulties. So, let us take a look at what those difficulties might be and how they can be avoided or got over.

First of all, you should realize that opening a bridal visa for your fiancee might be a complicated and long process. This means you cannot make fast plans for getting married with your sweetheart in your own country. The process of opening bridal visa for Ukrainian fiancee may take somewhere from two weeks to twelve months and even longer. It all depends on the country of your origin.

Thus, there are two possible solutions to this problem: either you get married in Ukraine (which also requires certain preparation and paper work done), or you get armed with patience and step by step go through the whole process.

Now, besides being time consuming, the process of obtaining a bridal visa for your Ukrainian fiancee is also quite expensive. Again, it all depends on the country of your origin. One of the countries it takes the longest to open a bridal visa to is USA and it is most expensive to open it to UK. An average cost of the bridal visa would vary from 200 to 600 Euro. Most of this money would go towards covering the expenses of legal papers to be prepared.

You need to bring from your country several papers to initiate this process. Of course, you need to have your foreign passport and legal bridal invitation for your lady. She would also need to fill out some papers and to submit a list of documents to your country’s embassy.

As I have already mentioned the process is quite complicated, so you should learn all the important information and get the complete list of documents required for obtaining bridal visa for Ukrainian fiancee. You can do it online by visiting embassy’s web site.

After you and your fiancee submit the application form for obtaining the visa, your embassy will send you both a list of additional documents to be submitted and the forms to be filled. However, Ukrainian snail mail does not work well. There is no need to wait for these papers to arrive. You may simply download them from the embassy’s website, print and fill them out, or else you may turn to a number of companies, which work in this area and provide assistance in opening bridal visas for Ukrainian fiancees. In this case, of course, you will have extra fees to cover.

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Of all criminal charges, the most intimidating can be federal charges. This is especially true when one is dealing with a federal conspiracy charge. Some may ask just want exactly is a conspiracy? A conspiracy exists when two or more people form an agreement to do some act or refrain from doing some act.

A conspiracy to commit a crime is a crime in and of itself, which means that conspiracy is charged as a separate offense and apart from the crime that the parties to the conspiracy conspired to commit.

There are several reasons for a prosecutor to charge someone with conspiracy, and despite the fact that the law defines conspiracy as “agreement” between two or more persons, only one person need intend to commit a crime out of the conspiracy.

Most federal statutes require that the government prove at least one of the co-conspirators committed an overt act during the course and in furtherance of the unlawful agreement. For example, an overt act is required for a conspiracy under 18 U.S.C. 371 (to commit offense against or to defraud the United States), 18 U.S.C. 1117 (to commit murder); 18 U.S.C. 1201 (kidnapping); and 18 U.S.C. 1751 (Presidential assassination).

However, an overt act is not required for 18 U.S.C. 241 (violate civil rights); 18 U.S.C. 2385 (advocate overthrow of government); 21 U.S.C. 846 (drugs); and 21 U.S.C. 963 (RICO).

In order to be convicted of a conspiracy the evidence must prove the defendant knew of the conspiracy, purposefully associated themselves with it and affirmatively cooperated in it, or at least agreed to cooperate in the objective of the conspiracy.

However, the law is established that mere presence at a location, even with knowledge that a crime is being committed there, is not sufficient to establish that a defendant was a member of the conspiracy.

The punishment for conspiracy laws is generally the same as the punishment for the underlying crime agreed upon by the conspirators. However, many things can actually factor into the punishment.

If the government believes that the conspiracy has been ongoing in nature, they may attempt to introduce evidence of all the prior acts of which they have knowledge.

This is common in drug conspiracies where the quantities are often times added together to produce a much larger amount than may have actually been seized. Many times the government has obtained this information related to the conspiracy from a cooperating witness.

There are defenses to the crime of conspiracy. Thus, it is important to hire counsel who has experience in this area of the law.

Neil Lemons represents Teakell Law. For more information on conspiracy defense attorney in the Dallas/Fort Worth area visit their website http://www.teakelllaw.com.

Divorce records are public records of divorces that have taken place in a particular county or a state. It is usually maintained by the vital records department or the health statistics department. There have also been attempts to make a central registry of these records with the national health statistics department.

Anybody can get an access to divorce records and obtain copies of the records that they are wanting by placing a request with the concerned civic authorities that are maintaining the records. But, if the person trying to obtain the records is not directly associated with the divorce, then they cannot obtain a certified copy of the divorce record.

A certified copy of the divorce record can be got only by the couple involved in the divorce and only this is a legal document for utilization in matters concerning the divorce.

Divorce Record Search

For searching any divorce record, you need to contact the particular vital records department that has jurisdiction to maintain the concerned record. You need to place a request for them to provide it and you need to follow certain protocols that are usually laid down while accessing any divorce record.

You may be asked up to pay up a fee and be required to wait up for a specific waiting period to obtain the record that you want. If you are looking at obtaining a certified copy or an uncertified copy then this is the route you need to take to obtain the divorce record.

But, if you are just trying to access the divorce record in order to help you get more information and you are not interested in any way in obtaining a certificate, either certified or uncertified, then you can take the route of using an online access to a website that carries information on divorce records which can be accessed by paying a fee. The fee paid could either be a pay-per-view or an unlimited access to the site by paying a subscription.

There are even other options on the internet that give these records without you have to pay a fee to access it. This may include a visit to the website of governmental agencies responsible for managing these records. There are even some private websites that offer you access to these records or provide links to go to the concerned government website to conduct your search.

Searching for the records online helps you save up on time that is required to visit the records department and obtaining the records that you want. So, if your purpose is purely research and not wanting a certificate of the concerned record, an online option is more useful and saves you a lot of time.

Brian W. is a self-proclaimed expert in the court system and specializes in providing free information regarding divorce records. For FREE ACCESS to his articles, just visit RecordsSiteReviews.com.

These days court records have become an important tool in finding out the history of a person to know whether he or she has faced any lawsuits and have been charged with any crime or have been involved in any civil disputes.

Many people for several reasons access these court records to get details regarding a person or a case they are interested in. Some people even look into their own records to clarify that they are carrying a clean chit and do not have any pending parking tickets or any warrants against them. These are generally done by people prior to attending an interview.

Different ways to access court records

Earlier, it was very difficult to access court records to obtain details about the whereabouts of a person. Only a good lawyer or some help from a person employed at the court could do it.

But, now changes in laws have helped people obtain court records that they would like access to very easily. This has helped many a person because the process is very simple they would want to look into such court records where as earlier they may just have skipped the issue.

There are many means by which you can access whatever court records you want to get.

One way to get the necessary records would be to visit the courthouse and place a request with the concerned clerk to provide it for you. As most of the courthouses now possess a database of all the lawsuits on computers, it is now become very easy for them to search out the court records that you have requested for. But, even with this fast method of access you may still need a substantial amount of time and may need to wait in a queue for your turn to approach the clerk.

If you want to avoid the ordeal of visiting the courthouse and waiting in a line to get the court records you want, then it is better to use other means of obtaining them. One alternative to this is by making a phone call and placing the request for the necessary records. This would mandate the paying of a fee to help the courthouse in mailing the records down to your place.

Accessing court records by ringing up the courthouse and asking them to mail it across to you takes time for the mail to reach you. So, if you are in a hurry to get access to the concerned records it is better to opt for an online option. There are many sites that give you access to the necessary records online but, you need to be careful when you are opting for one as some sites only offer an overview and not an in detail version that you may actually want. This is a more expensive option compared to the other methods of access but helps you save up on time especially if you are searching records from various authorities.

I hope that this article has helped you know the methods by which you would want to access your records. Based on the time and resources available to you, choose the method best suited for you.

Brian W. is a self-proclaimed expert in the court system and specializes in providing free information regarding court records. For FREE ACCESS to his articles, just visit RecordsSiteReviews.com.

The Fourth Amendment to the United States Constitution is perhaps one of the most frequently litigated constitutional amendments in the courts. In its entirety, the Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The main purpose of the Fourth Amendment is to protect “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The right to be free from unreasonable searches and seizures is a right guaranteed to every American citizen. The point of this right is to limit the government from unnecessary intrusions into your rights as a free citizen.

An unreasonable search and seizure issue most often arises when law enforcement searches a car after a traffic stop. The question then becomes whether the officers had reasonable suspicion to stop the car in the first place and/or probable cause to search the vehicle. If the police have seized property obtained through an illegal vehicle search, the seizure of the property is considered unreasonable.

An unreasonable search and seizure can also occur when law enforcement seeks to search a person’s home. In order for a search to be valid, the police must first obtain a warrant, which is supported by probable cause, and describes the place to be searched with particularity. If these requirements are not met, the defendant can petition the court to exclude the evidence at trial. The court will then determine if the police conformed to the requirements of the Fourth Amendment when obtaining the warrant and can order that the evidence not be allowed in trial under the exclusionary rule.

If the police search someone’s property without a warrant, the search is considered unreasonable unless exigent circumstances existed at the time of the search. The burden is then placed on the prosecution to prove that the police believed that there was an imminent danger that required an immediate search. Examples of such danger include, gunshots, a person screaming, or fire emanating from inside a building. Courts have also held that destruction of physical evidence can provide the police justification to search property in order to prevent its destruction. If any of these reasons exist then the Fourth Amendment’s warrant requirement is not violated.

If you believe that you are the victim of an unconstitutional search then it is imperative you contact an attorney.

Neil Lemons represents Teakell Law. For more information on unreasonable search and seizure and defense in the Dallas/Fort Worth area visit their website http://www.teakelllaw.com.

While the Courts have never brightly defined under the law who actually has a right to own a firearm, for decades the presumption has always been that there is no individual right bestowed upon the citizens of this country. However, things may soon change if some have their way.

The Second Amendment to the United States Constitution is currently creating a quite a stir in the federal courts. For those that are not familiar with the Second Amendment, it provides as follows: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Experts believe that the Second Amendment creates an unlimited right upon individuals to own guns or other weapons. Others disagree and seem to believe that the Second Amendment allows reasonable regulation of gun ownership, such as licensing and registration.

The United States Supreme Court may be putting this issue to rest soon. The question of whether or not an individual has a constitutional right under federal law to own a firearm is being heard in the case District of Columbia v. Heller, No. 07-290. The court granted certiorari in response to an appeal from Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), which was a decision from the United States Court of Appeals for the District of Columbia Circuit. The D.C. Circuit became the first federal appeals court in the United States to rule that a firearm ban was an unconstitutional infringement of the Second Amendment. The appellate court then took it a step further and held that the Second Amendment does protect an individual’s right to possess firearms for private use.

A victory for Heller will likely inspire acknowledged gun owners in other jurisdictions to challenge restrictive gun laws passed by states and cities. Accordingly, many commentaries believe that the Supreme Court appears poised to rule that the Second Amendment protects a private right to possess and use firearms.

Does “bear” literally mean the right to carry a gun with you wherever you go, or is the fact that you can have one in your home enough? Moreover, does “arms” mean you can have absolutely any kind of weapon you want, or does the government have the right to say which arms are permitted and which are not? Hopefully, the United States Supreme Court will soon answer these questions for us.

Eyewitness testimony, which relies on the accuracy of human memory, has an enormous impact on the outcome of a trial. In criminal cases, eyewitnesses frequently play a vital role in uncovering the truth about a crime.

The evidence they provide can be critical in identifying, charging, and ultimately convicting suspected criminals. However, eyewitness testimony is not infallible. No evidence seems more convincing upon its first hearing, yet is more unreliable, than eyewitness identification testimony.

Even the most honest and objective people can make mistakes in recalling and interpreting a witnessed event. There can be no reasonable doubt that inaccurate eyewitness testimony may be one of the most prejudicial features of a criminal trial.

Time and time again, eyewitness testimony has proven to be unreliable, sometimes resulting in the conviction of innocent persons. In response, the criminal justice system has gradually implemented a variety of procedural protections which include jury instructions, line-ups, the suppression of unreliable identifications, etc.

Since jurors tend to put a lot of faith in eyewitness testimony, a mistaken identification defense requires careful planning and execution. A defense attorney’s role is to approach the subject of eyewitness testimony with a critical and skeptical eye. The defense must educate the jury about the possibility, or even probability, of mistakes.

Although the eyewitness may make a ”positive” identification of a defendant, it is imperative that the defense attorney be prepared to demonstrate that certainty is no guarantee of accuracy. Therefore, a goal of the defense is to demonstrate to the jury how an eyewitness can be honestly mistaken, by pinpointing the causes and reasons for the error.

Many jurisdictions have a preliminary hearing or probable cause hearing as a first stage proceeding. Although the Confrontation Clause guarantees do not apply at such a stage, nonetheless in many jurisdictions the complainant and/or an eyewitness will be called to testify. One of the purposes of preliminary examination, aside from discovering potential damaging testimony, is to become familiar with the witnesses, their temperaments, character, demeanor while testifying, and any other important mannerisms.

This information, sometimes as much as the actual testimony, must be previewed before the witnesses are actually called and examined before the jury at trial.

Even though defense counsel can challenge eyewitness testimony, it will be the judge or the jury who will weigh this testimony against other pieces of the evidence to determine what indeed happened at the time and place in question.

There is no denying that eyewitness testimony can be persuasive evidence before a judge or jury, especially in criminal trials. Research has shown, however, that eyewitness testimony can be systematically fallible in ways that undermine the goals of the rules of evidence.

This does not necessary mean that eyewitness testimony is always inaccurate – it just means that there are legitimate grounds (and perhaps reasonable doubt) to challenge a case when the only evidence is eyewitness testimony.