The first factor to consider when choosing an employment lawyer is experience. The experience of the lawyer matters a lot. Before choosing such a lawyer, you must know the number of years he or she has worked in that field.
Oct 03, 2021 ¡ Itâs also essential to check and ensure the lawyer you choose has the best training in the particular field and has a certificate from the board of lawyers. Availability of the lawyer; The availability of a lawyer is crucial when determining the right lawyer for your case. Choose a lawyer who is readily available most of the time.
Apr 16, 2022 ¡ Five essential factors to consider when hiring a law firm. When scouting a law firm, going for the best in the game or paying top dollar is not always a guarantee of the best representation; thereâs a lot of nitty-gritty that goes into it. ... Specialization is a significant priority when choosing a law firm to represent you. Reputable firms ...
Jul 16, 2021 ¡ Lawyers typically consider these factors: (1) The precise nature of the claim. (2) The likely measure of damages or other relief. (3) The plaintiffâs objective (e.g., money, respect, âshow themâ, revenge, political motives as in Paula Jones case against President Clinton etc.). (4) The plaintiffâs reasonableness (compare âI want a fair settlementâ with âI want my ex-spouse to âŚ
Sep 16, 2020 ¡ A prospective employee should review this letter and discuss any concerns with their employer before signing a formal Employment Contract. Itâs crucial to understand workersâ compensation and how performance-based incentives affect salary or an hourly wage. An offer letter and job agreement should outline these key details.
As a business owner, you should be very familiar with weighing risk versus reward in your decision making process. As with any business decision, you must weigh the various risks involved in filing and potentially losing a lawsuit versus whatever it is you stand to gain by winning the lawsuit. If the reward outwe ighs the risk, then litigation may ...
The opposing party may not have the funds to pay you what you are owed. If this is the case, there is little you can do to recover the compensation. If an award is not collectible, you may not want to spend the money it will take to litigate the case in the first place.
If you take too long to file a lawsuit, and the wrongdoing for which you are bringing the lawsuit occurred outside the statute of limitations, you have little to no chance of winning the case.
It is no secret that litigation can be a long and drawn out process. Think about how important it is to you to win the case and weigh that against your opportunity costs. If you are busy with a court case, that is time you will not be able to spend on your actual business, improving your product and making money.
Take an objective look at the details surrounding your case and ask yourself, âCan I really win?â You may be 100% confident that you have been wronged and you deserve compensation, but if you donât have the evidence or there is some other reason that you stand to lose the case, then it is probably not worth it for you to pursue legal action.
Willing to involve witnesses. Another factor you may need to consider is whether or not you are willing to involve witnesses whose testimony may be vital to winning your lawsuit. Their knowledge may be key, but perhaps the witness is someone you donât want to take the stand in a public trial.
Choosing an arbitrator of the same nationality is often sensible because then at least one member of the tribunal will have a good understanding of the culture, business practices and customs of the country where the party is from. 4. Choose an Arbitrator with Strong Management Skills.
Selecting an arbitrator may be one of the most crucial decisions a party will take. There is little recourse against an arbitral award and no right of appeal, so getting a Tribunal capable of understanding the issues is important. Furthermore, arbitrations are conducted without strict rules of procedure so an arbitratorâs role is not only ...
Parties are permitted to propose candidates to act as a sole arbitrator or, in the case of a three-member tribunal, each party is permitted to nominate one arbitrator and the two party-appointed arbitrators appoint the chairman. Selecting an arbitrator may be one of the most crucial decisions a party will take.
To identify a suitable arbitrator ask for recommendations from colleagues. Word of mouth still reigns supreme when compiling a list of candidates. Also ask legal counsel for their recommendations, most firms will keep a list of arbitrators they have used in the past or who have a good reputation.
A significant advantage of participating in the selection process is the ability to choose a decision maker with expertise that mirrors the nature of the dispute. For example, in certain disputes an engineering background or experience in the oil and gas industry may be essential to achieve a satisfactory result and avoid the need to waste time explaining basic industry concepts and norms.
A formal legal education and legal experience can increase the likelihood of receiving a well-reasoned and legally sound award, and an experienced lawyer will likely have the appropriate judicial demeanor and familiarity with international commercial matters to resolve complex factual or legal issues .
In arbitrations where the parties are of different nationalities, arbitral institutions (such as the Dubai International Arbitration Centre or the DIFC-LCIA) often direct that a sole arbitrator or chairman of the tribunal cannot have the same nationality as one of the parties. The parties are of course permitted to agree otherwise in writing.
A restrictive clause, also called a restrictive covenant, prohibits an employee from taking an action that could potentially cause harm to the employer. For example, an employer may add any of the following clauses to a contract: Non-compete: A non-compete clause prevents ...
Non-compete: A non-compete clause prevents the employee from unfairly competing against the employer during employment and after it ends. For example, an employee cannot open a competing business while employed with their current company.
Confidentiality: A confidentiality clause keeps employees from divulging the companyâs confidential information to unauthorized third-parties. For instance, a breach of confidentiality may occur if an employee leaves one company for a competitor and passes on proprietary information.
Others require new employees to complete a probation period (usually three to six months) before using any time off benefits. Compensation for overtime often varies by company and industry. If youâre an employer using LawDepotâs Employment Contract template to customize an agreement, consider adding a clause to address overtime.
Many employers send an Employment Offer Letter to summarize the key terms and conditions of employment , such as salary and start date. An offer letter helps automate the hiring process and outline any preconditions for employees.
Employers may discuss compensation in the interview process, or they may bring up a number in an offer letter or employee contract. In either case, candidates should prepare to talk about the value they can bring to a company. Effective negotiation takes practice but can help employees secure the compensation they deserve.
For instance, the document should specify if the work is permanent, temporary, full-time, or part-time. It might also specify the hours an employee must be at work, such as from 9:00 a.m. to 5:00 p.m.
The employment relationship is the legal link between employers and employees. It exists when a person performs work or services under certain conditions in return for remuneration.
In the past, we have written about SWOT Analysis and PESTLE Analysis. These are tools for looking at internal and external factors impacting organisations. Indeed our content is also used as part of the CIPD Factsheets â SWOT Factsheet PESTLE Factsheet . In simple terms, the SWOT is the central model.
Before you select a career, you need to determine whether youâre comfortable working with advancing, ever-changing technology. If itâs a large part of a career path, youâll have to immerse yourself in it.
Itâs one of the best ways of giving yourself peace of mind with a specific career. If youâre interested in a medical career path, find a way to give it a try without too much permanence. Apply for internships or apprenticeships. Job shadow someone in their field or apply for a temporary position.
If you stick with one career for a long time, it can be very beneficial to your promotion prospects and earnings throughout your lifetime. Youâll be an âexpertâ in what you do, and youâll be able to train others. That will give you a genuine sense of fulfillment. There are many factors to consider in choosing a career path.
One of the best places to start looking for a new career path is focusing on opportunities where the demand is high. In other words, you should seek out a future-proof job that isnât likely to be replaced by automation or fade away due to technological advancement.
If so, phlebotomy would be an ideal choice since you get to work with all walks of life every day. If youâve always been skilled with numbers and money, a career in finance would likely be an option. Sometimes, the most rewarding careers are based on our natural attributes and the skills we already have.
Choosing a career path can be a scary, yet exciting time. Whether you're just out of high school or you're choosing something new later in life, there are always thingsâŚ
Choosing the right path and finding the perfect job isnât always easy. Many people reach a crossroads at different stages in life, and it doesnât matter what age you are or what jobs youâve had in the past. Selecting a new career path should be a carefully thought-out process.
Another crucial assessment factor is the accountantâs industry experience and specialty. Itâs very important that you hire someone who is well versed in your industry and conversant with your specific service requirements. You must be able to determine whether the accountant offers the kind of services that you are seeking; from basic accounting and auditing to specialized business consultation services like financial analysis or strategic management plans. This means that you essentially be doing a background check to review the candidateâs previous assignments.
Another vital hiring determinant is the accountantâs billing rate or fee. Professional accountants usually charge either fixed service charges or by the hour. You must compare the quoted fee with your set budget to see whether you can afford the rates or to opt for a cheaper alternative. Remember that the overall bill should always be reasonably proportional to the quantity and complexity of the task or assignment at hand. At the end of the day, you should get what you pay for.
There is one aspect of being a boss that few (if any) employers relish: firing an employee. Here are some tips to consider when firing any employee. Think things through. Before you decide to fire an employee, make sure that you have thought things through carefully. If an employee is being accused of incompetence by a supervisor ask ...
Keep information confidential. Determine who is on a need-to-know basis and tell only those individuals that an employee is going to be fired. Ask that those individuals keep the information confidential. Consider all legal requirements you must comply with and do not fail to fulfill them.
You may be able to avoid a wrongful termination claim by seeking the advice of a competent employment law attorney to discuss your specific situation.
The ramifications of violating a "whistleblower" statute are far greater than the cost to you of having to retain (and maintain a relationship with) an employee who accuses you of wrongdoing.
In addition, employers may not "penalize" employees for performing jury service and may not "retaliate" against employees for filing workers' compensation claims, safety complaints, wage complaints, or for reporting (or refusing to participate in) illegal activities.
If you're in the midst of firing an employee, keep in mind that he or she may have rights to unemployment compensation or other benefits. You may be able to avoid a wrongful termination claim by seeking the advice of a competent employment law attorney to discuss your specific situation.