People are often surprised to learn that there are no laws that require employers to be reasonable, polite, or even fair in their decisions regarding hiring, firing, promotions, demotions, discipline, and job duties. Employers can legally make employment decisions for good reasons, bad reasons, or even for no reason at all. For example an employer could announce that “everyone with brown shoes on” would be terminated at the end of the day and then do just that without risk of violating any employment laws. Of course, such an odd circumstance might make the local news, but if the employer’s true reason for making the decision was truly based on shoe color, then it would not violate the law.
A different result might be forthcoming, however, if the employees that were fired took notice of the fact that they were all white males, were all over the age of 60, or were all disabled in some fashion. If so, then the employer may have violated one or more of the various Florida and federal laws that protect against workplace discrimination. Such laws prohibit, among other things, discrimination in employment decisions based upon race, national origin, color, sex, disability, religion, age or marital status.
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If you are considering filing for divorce in Florida then you have probably been filled with lots of information from your friends, family members and acquaintances. The purpose of this article is to provide general information regarding divorce to the general public. It is by no means intended to comprehensively cover the subject. It is merely being offered as a general source of information to address only the issues of divorce specifically addressed within it.
Because divorce or “Dissolution of Marriage” as it is technically referred to in Florida Courts is so prolific, there are many misconceptions and much confusion related to this area of the law. This is largely because divorce is such an emotional, stressful and highly charged affair. As a result, the events surrounding it become shared with others and this leads people to believe that the results of one person’s divorce might or should be similar to someone else’s. Nothing could be further from the truth.
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Orlando employers are increasingly attempting to classify workers as independent contractors. The upside for the employer is substantial in terms of avoiding payroll taxes, worker’s compensation insurance, minimum wages, overtime wages, and, even, compliance with anti-discrimination laws which apply to employees and applicants for employment and not to independent contractors of the employer.
The upside to the worker of an independent contractor arrangement (i.e., the illusory promise of higher wages unencumbered by payroll taxes) is often outweighed by the downside to this arrangement. The worker will still be required to pay income tax on wages earned in an independent contractor scenario. Furthermore, the worker may have to retain an accountant or CPA to keep track of receipts and complete their personal and “business” tax returns at the end of the fiscal year. These are costs that are not readily apparent to the worker.
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Hospital liens: A hospital lien grants the hospital, providing medical care and treatment to the injured person, a lien right (right of reimbursement) in the injured person’s proceeds from a settlement or judgment. Though there is no statewide uniform hospital lien law, the lien laws exist on a county-by-county basis by virtue of special acts and local ordinances. Most county lien laws require that a lien be recorded with the local court within 10 days of the discharge from the hospital to be valid.
What does a hospital lien mean to your personal injury case? You or your attorney must satisfy the lien from any settlement. Some laws automatically allow a reduction for your one third attorney’s fee or the applicable percentage of the attorney fee. Also, if the patient (or patient’s attorney) and the hospital agree to an amount to settle the hospital bill which is less than the full amount charged, then the lien is extinguished because the underlying debt is resolved. While the lien law is a serious matter, it applies only to settlements or verdicts, and it cannot attach to any other property unless the collectable amount is pursued in litigation and a judgment is obtained against you. Some clients worry that it automatically means, for example, their home can be at stake. This is not the impact of an initial hospital lien, which is routinely filed by hospitals after nearly every automobile accident when you receive treatment at a hospital.
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While most know that a promissory note and a mortgage are the two essential documents of a real estate loan, some don’t know the differences between them. The note is evidence of indebtedness and a promise to repay the loan. The mortgage is a pledge of security for the debt, usually specific realty. If a borrower fails to meet its obligations to pay back the loan under the promissory note, the lender may exercise its remedies established in the mortgage to foreclose on the property that is the subject of the mortgage.
Be sure to understand the specific terms of the note, such as the loan amount, interest rate, maturity date, and repayment and prepayment provisions. Additional noteworthy clauses in the note or mortgage include: due on sale, prohibition against junior financing, option to call or recast, and default. Click here to read more »
