Counter Assertion

An accident at work is impossible to avoid! If it happens, it happens. It’s something you didn’t plan and it’s an incident you have to live with. There’s over 70% of the population working on business premises, if not, it’s business transports. So be warned now as accidents never sleep.

Work accidents are not common as there is a huge impact from Health and Safety. Checks are carried out periodically to ensure a workplace is free from hazards, to prevent accidents. If however, they do occur, the cause of the accident is investigated and future prevention is carried out. So there is always a big helping hand from the Health and Safety Standards.

If an accident at work does occur, it’s embarrassing. Colleagues can’t believe it happened to you and become more precautious with their role. They feel sorry for you for now, not being able to competently complete your role. So they give you a hand. Initially there’s remorse all around… it becomes an understanding culture.

After a while it becomes a pain, especially for your colleagues who keep putting a halt to their job to help you. Frustration arises and in their heads they’ll be thinking. ‘Now he’s taking the ****!’ But you’re NOT! You are the one that had the accident at work and your body welcomes injuries in different ways to others. After a while tension gathers in the atmosphere and by now you’re reported to the supervisor and disciplinary action is just round the corner.

You feel let down. In a workplace environment, business is business, no matter who you are. You have your own targets and deadlines to achieve. If they’re not met, you will jeopardise your position. This is the game for any business. Each worker has a family to feed, so they need work to fulfil that criteria.

Also an accident at work can possibly jeopardise your position. It could prevent you from carry out your ‘full’ responsibility. Initially everybody understands, but after a while they’ll be thinking ‘it was only a small fall’. But only you know it wasn’t just a small fall. It’s not only made an adjustment to your working life, it also messed up your social and family life. You can’t sleep, shower properly, play sports or even have sex. But only you see that side of the picture, your colleagues don’t. They only see you at work.

Back to your working life… over time, the supervisor now reports you to the person above and you’re just waiting for your name to be called to see the manager. Now it’s going to hit you. You’re either, get laid off, get demoted, or transferred to another department. This is where it hurts the most. The managers can’t do anything but take necessary actions to ensure your position is ‘fully’ meeting its targets.

But he’s your best friend… so, it’s not his company and even if your best friend doesn’t take action against you, someone above his ranking will take action against him. So either way something will happen to your role. Remember, if a business does not fulfil its role to provide product and services to its’ buyers or users, then the definition of business is not fulfilled.

So now what… are you thinking of an accident at work claim? It’s been 11 months since your injury and now you’re thinking of you an injury claim!? If you took action at the early stages of your accident, by now you would have been in a better position.

Nevertheless it happens all the time. Workers ‘think’, been with the company for so long, they won’t do anything outrageous. Well you can’t predict the future and neither can they. But what they can predict is your work performance, past, present and future. They forecast the future of their business and you should forecast your work future.

However you’re scared thinking who’ll be the bread earner if you lose your job. Let’s worry about that in a minute, but first let’s put the cards on the table…

Making mistakes is common practice as you know, nobody’s prefect. Everybody learns from mistakes and ensure they don’t make the ’same’ mistake again.

Anyway, you make a mistake at work, you get told off, make another, you get told off again. Now if you keep making mistakes over time, what the hell do think is going to happen. Your supervisor is going to start looking over your record and start taking disciplinary action against you. First verbally, then in writing. Theses aren’t the same’ mistakes, but they’re made according to your supervisor. Think about it this way, what happens if your supervisor makes a mistake, what will he do? Remember you can only report to the supervisor, there is no contact between you and his supervisors!

Back to the making mistakes… what happens if the company makes a mistake…?

Stuck aren’t you… you can’t think of much besides making a complaint.

If an accident at work occurs, it gets logged and depending on how serious you look in the eyes of the company, you’ll be ‘kindly’ given days or weeks off. Being compensated for sick pay, which you know isn’t much!!! The injury affects your ‘life’, not just your work and the company gives you a couple of days to recover. Now that’s a joke!

No matter what action is taken against you need to make an accident at work claim. Why? This is the only ‘powerful’ solution you have over the company if they make a mistake.

Now you’re both sailing in the same boat.
It’s easy to claim compensation. An accident at work is also a battle with your social and personal life and that’s why a system which provides a NO Cost, No Fear, No Confusion and No Risk factor can only lead you to success at http://www.100percent-compensation.co.uk/accident_at_work.htm

In the United States of America Constitution guarantees that the United States government will protect the states all our republic from foreign invaders. In the case of illegal immigration these people have been invaded our states by crossing the U.S. Southern borders in California, Arizona, New Mexico and Texas. Illegal immigration is illegal and if you do not think that these illegal immigrants are invaders let me give you a few statistics.

Over 50 California hospitals closed because they could not turn a profit due to the fact that they are giving free services to illegal immigrants and they could no longer stay in business. In fact some of these hospitals were delivering more babies of illegal immigrants then U.S. citizen paying customers. Once these anchor babies were born they automatically became U.S. citizens and therefore needed a parent or guardian from their family to take care of them and the babies could not be deported, thus granting permission for the illegal alien mother and or other family member to become a citizen also.

Many illegal immigrants put their kids in U.S. schools that are paid for by the U.S. taxpayer entities illegal immigrants demand their kids be taught in Spanish not in English and this costs school districts millions of dollars and takes away monies from classrooms, staff and teachers, who already have a fairy high attrition rate due to pay scales.

These illegal immigrants are invaders who carry Mexican Flags in protests on the streets, which are paid for by the U.S. taxpayer. Many of these invaders are filling up our federal prisons. In fact 30% of the violent criminals in Federal Prisons are illegal aliens and the Arizona State prison system as 38 percent illegal aliens. That is to say illegal aliens that are not schools to be here the first place and again costing taxpayers millions of dollars.

We could better spend this money giving scholarships to U.S. citizens to go to college. It costs seven times as much to put in illegal alien prison as it does to send and reward a good student with a scholarship. The congressman and senators who conveniently when on vacation during the heated debate over illegal aliens and illegal immigration have failed to uphold the U.S. Constitution to protect our borders from foreign invaders. Consider this in 2006 and we could no longer put up with this bologna.

“Lance Winslow” - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; http://www.WorldThinkTank.net/wttbbs/

The green card lottery is where the Department of State annually awards green cards to immigrants. This is a lottery that is done by a random computer selection. The technical term for it is the Diversity Visa program. The people that conform to the rules and learn to speak English will be able to enter the lottery program.

This is a great way for people that want to become residents of the United States without having to wait for many years. The immigrants that want to apply will have to obtain an application so that they can fill out the necessary paperwork in order to become a legal candidate for this program. This is a once in a lifetime chance for a lot of people and they will take the opportunity very seriously.

You can find the application for this green card lottery online. There are many federal websites that will help people obtain the applications so that they can get a head start on applying for this great program. Once the application is filled out and sent in, it will have to be reviewed. Once the government approves it, that applicant will then be placed in the lottery. There are no paper entries allowed anymore. It all has to be done online or electronic.

There are 50,000 green cards that are given out to many immigrants from all over. These people have complied with all of the rules and taken the time to do all paperwork and make themselves eligible for the program. The individuals that apply must have a high school diploma and two years in an occupation requiring at least two years of training or experience.

Each applicant is limited to one application in the green card lottery. If there is more than one application received, the individual will be disqualified. It is important to follow the instructions and the rules completely. There are so many qualified people that are thrown out of the green card program each year because of the multiple applications that are submitted.

If qualified a husband and a wife may apply to the green card lottery. They may each submit one application and it either is selected into the lottery the other would be entitled to derivative status. This will allow both of them to be entered into the United States. All of the entries must include the name, date and place of birth of the applicant’s spouse and all natural children.

This is an opportunity that you have to sign up for early in the game or you may miss your chance for approval. It is something that most people only dream about and knowing that there is the green card lottery leaves hope in the minds of many people that they will one day be allowed the same freedom of living in the United States.

I doubt most people realize this but — at least here in America — the courts have ruled it’s not the police’s job to protect you, me or any one citizen.

It’s true.

If you don’t believe me do an online search for “Warren v. District of Columbia” — a case where two burglars held the occupants of a home captive, and raped, tortured, robbed and beat them (including a 4-year old girl) for 14 hours as they waited for the police to arrive.

When the victims took their case to court, nobody was punished. Nobody lost their job. And nobody was blamed — not even the incompetent 911 dispatcher who dropped the ball.

Why am I telling you this?

Because too many people put off learning how to fight…or even really basic self defense…because they honestly think it’s the police’s job to protect them. To be at the scene of the crime at the drop of a dime and make everything okay.

And yet, nothing could be further from the truth.

I mean, think about it, the police aren’t God. They can’t be everywhere all the time.

All of which means your safety…and the safety of everyone you care about…is in your hands. Don’t entrust your lives to anything or anyone else — not your dog, your home security system, your local police or even your gun.

These are good things to have…but they can also fail you. The only thing you can ever count on when the chips are down is yourself. And your ability to take care of things when they arise.

Bottom line:

Make a real effort to learn how to take care of yourself in a violent situation. Even if it’s just one or two “moves” or tactics.

It’s the best defense you’ll ever have.

In this article we’ll see who can sell the assets of the decadent and how it is done.

Suppose the decedent solely owned all properties himself. There are two possible situations that we can consider.

The first situation is one in which there is more than one heir. In this situation, the property has to be shared. Unless the heirs or beneficiaries are homogeneous in their attitude or live in geographically nearby places from each other, this sharing becomes a problem. In this case the assets need to be sold and the proceeds disbursed to the heirs and beneficiaries.

The second situation is one in which the decedent passed away without paying taxes or owed some money to creditors. In these circumstance too, the assets have to be sold, payments on taxes and to creditors paid before disbursing the proceeds to the heirs and beneficiaries.

Whatever be the circumstance, the sale can only be done by the court appointed personal representative. He will either sell the estate or put them in auction, after getting the heirs’ consent. He may do it with the probate court approval or not. This depends on the complexity of the case and the statutory legal requirement where the proceedings take place.

What happens to the value of estates in probate sales? When a court approval is required, the price of the estate is usually lower than otherwise.

As in all other probate proceedings, probate sales are conducted only after a person’s death. The sale process usually takes one to two years to complete. During this time, the court makes provision for an interim allowance, from the sales proceeds, to the beneficiaries and heirs for a comfortable living.

Probate provides detailed information about probate, how to avoid probate, probate court, probate law and more. Probate is the sister site of Free Last Will And Testament Packages.

A will is a legal document that divides your property among beneficiaries - like your spouse and children - and decides the fate of your assets. There are free packages for creating wills available in the market.

The person making the will is called the testator and those receiving any items from the will are called beneficiaries. When testator creates a will, he also names an executor who ensures the smooth implementation of the will on his demise.

Any adult citizen (over the age of 18) of sound mind can draft his will. Drafting a will is a simple process but, becomes more complicated the more assets and more property you possess. In such a case you would require the services of a lawyer to draft a will.

Drafting wills are manipulated as they are future bread and butter of lawyers. The lawyers often offer free last will and testament packages. But when they draft the bill they include clauses that lock in their influence for the future. You will probably get addicted to consulting that lawyer every time in the future. After your demise, your relatives run to your lawyer for their rescue.

Lawyers actually make what are called as “Will Files”. They draft lots of free packages of wills in order to get the probate business. It takes around 10 years to build up a good will file but once set, assures financial success for the lawyer.

Though you feel that you should make your will, don’t be tempted do it yourself. To be valid, a will must be strictly compliant with state law. That law may require a certain language, signature in a particular fashion and a certain number of witnesses. Homemade wills are recognized by only few states, and most homemade will are usually subject to contesting. A vindictive relative can make your will invalid and leave your property at the mercy of the courts.

Many sites on the Internet offer free packages of last will and testament covering a comprehensive list of services. This includes-Distribution clauses, Guardianship clauses (If you have kids), testamentary trust provisions for children, Credit shelter trust, Self Proving Affidavits, Notary Public forms, Debt forgiveness clauses, Funeral arrangement clauses, pet guardianship clauses, and common disaster clauses. These are available in ’standard’, ‘gold’ and ‘vault’ packages according to additional optional features.

It is up to you to do a detailed study and choose the best means to help draft your precious will.

Last Will And Testament provides detailed information about last will and testament, contesting a last will and testament, free last will and testament packages, how to write a last will and testament and more. Last Will And Testament is the sister site of Probate Court.

In Milne v Link Asset Security Company Limited [2005], Mr Milne was employed by Link Asset Security Company Limited (LASL)from 30 September 1999 until 22 December 2003 as a broker and manager.

Mr Milne was suspended from his job by LASL on 12 December 2003, pending a disciplinary hearing on 17 December 2003. At the disciplinary hearing, issues which related to Mr Milne’s performance and conduct were mentioned but without detail. Mr Milne decided not to go to a second proposed meeting on 19 December 2003 and instead resigned to avoid the embarrassment of dismissal. Mr Milne then commenced proceedings against LASL for unfair dismissal and breach of his employment contract.

The Employment Tribunal (criticised LASL’s decision to suspend Mr Milne before the disciplinary hearing, the absence of an investigation before the meeting and LASL’s failure to allow Mr Milne to state his case. The Employment Tribunal however found there was no breach of Mr Milne’s contract of employment as a result of his suspension and the way in which the disciplinary proceedings were conducted.

Mr Milne appealed on the ground that the Employment Tribunal’s decision was perverse in that it did not find that LASL was in breach of the contract of employment.

The Employment Appeal Tribunal held that:-

▪ Mr Milne had to show an overwhelming case that the Employment Tribunal made a decision that no reasonable tribunal would have reached;

▪ Suspension by itself did not constitute a breach of implied duty of trust and confidence and ultimately a fundamental breach of an employee’s contract of employment;

▪ In order to determine whether a suspension constitutes a breach of the implied duty of trust and confidence, the tribunal must have considered the surrounding circumstances including

(i) the reasons for suspension

(ii) the length of suspension

(iii) whether the employee lost his income

(iv) whether the employee was replaced; and

(v) whether the contract required the employer to provide work to the employee;

▪ In this case, the suspension was short, Mr Milne was still in his job, his remuneration was not affected and LASL was keen to ensure Mr Milne stayed. There was therefore no breach of the implied duty of trust and confidence and Mr Milne had not established an overwhelming case that the Employment Tribunal had come to an unreasonable decision.

The appeal was dismissed.

Comment: If you require further information on contracts of employment please contact us.

Email: enquiries@rtcoopers.com

© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Houston is a flourishing city whose industries generally range from energy production to high-tech firms, making it a major commercial hub in the US. With such a large population, there is a greater chance of people getting into accidents, in which case it is a good idea to hire a personal injury lawyer. If you are injured, the personal injury lawyer can help you recover lost funds from your medical bills, time off from work, pain and suffering, and so on.

In recent times Houston has seen an increase in the number or lawyers dealing in personal injury cases. If you are injured in an accident then you are entitled to compensation for the trauma and pain you suffer. But the first decision you have to make is between a court trial or an out-of-court settlement. Once you decide to file a lawsuit then it is wise to hire a good personal injury lawyer, who can help you win.

The hard reality is that people who suffer injury often face a tough time during court proceedings. If you choose a lawyer excelling in personal injury cases you can have a much easier time. If a lawyer is not well versed and experienced in personal injury law, then he or she might not be the best lawyer to hire. If you have a regular lawyer, ask him or her for a referral to a specialist. So think twice and do extensive market research choosing a personal injury lawyer to help you get the compensation you deserve.

You’ve been seeing each other for a while, things are going great and you’ve started looking for a place together. One of you may even own or rent somewhere already. If you move in together, surely the law will protect you and your belongings if things go wrong? Maybe not…

As “co-habitants” - ie people living together - you don’t fit easily into the legal system. Before buying that dream place together it is important to understand that living together does not give you legal rights over each other. If this is what you would like, then a Civil Partnership may be the way forward.

No matter how long your relationship, the law still effectively treats you as separate individuals with no rights or ties to each other if your relationship comes to an end. Unfortunately, this is not always something people become aware of until the relationship is over.

Buying a house is probably one of the most significant investments you will ever make. If you buy with a partner you will need to decide in advance how you are going to hold the property. The options are

• “joint tenants” holding an equal share of the property; if one of you dies, the other inherits your share

• “tenants in common” owned in shares, which is stated when purchased, for example, 70:30. If you die, then your share passes according to your Will, not necessarily to the other owner.

You should agree on these issues before the property is purchased.

It is easy to get caught up in a new relationship or the excitement of buying your first place together. But you should make sure you are protecting your financial future as you run headlong into a new emotional one. Although things may be going well at present, no one can predict the future. A “Living Together Agreement” is a great way of setting out your legal position and wishes for the future, in the event that things go wrong. Your solicitor can record what has been agreed and it will be drawn up as a “Deed”, which acts as a formal legal document, a contract between you both.

If you ever split up, the agreement can be referred to and will serve as proof as to what was agreed. This avoids unnecessary disputes, which are generally messy and expensive. Yes, I know it all sounds very unromantic and calculated, but the preparation of these types of agreements is very common in today’s society, not as common unfortunately as the number of break-ups however.

What can be recorded in these agreements? Absolutely anything you wish. It is sensible to cover the obvious, such as who will pay for what, and what should happen to the property. You may also wish to include a detailed list of items, and how they should be divided up. Generally, the more detailed the agreement, the better it is. Plenty of detail will ensure that every eventuality is covered, and shows that each of you has given the matter serious consideration. Once the agreement has been drawn up, ideally both parties should take legal advice to ensure that it meets their requirements.

I strongly recommend that any Agreement is regularly reviewed every couple of years. A change of house or job may mean that your financial position has changed. Your Living Together Agreement can easily be amended, or re-written by your solicitor.

A Living Together Agreement is relatively inexpensive, and will avoid the need for drawn out negotiation and a big legal bill in the event that things go wrong between you both.

Article written by Davina Warrington, family law solicitor with Woolley & Co solicitors. Davina regularly advises couples on pre-nuptial and living together agreements and offers a fixed fee Living Together Agreement option via the Woolley & Co website. You can call her on 01283 541598 or email on davina.warrington@divorce-lawfirm.co.uk

Glatimia is a Pension in Rome, located in via Caio Mario 14/a

Glatimia pension is situated in an elegant area of Prati, few minutes walking from the Vatican City (S.Peter); this brand new accommodation in Rome is only 50 meters from the underground station Line A - Ottaviano and 20 meters from the bus stop (providing also service at night) for destinations like: Piazza di Spagna, Fontana di Trevi, Piazza Navona, Pantheon, Termini Station and other historical-cultural and commercial places.

Even if it is in the nearby of via Cola di Rienzo and via Ottaviano, via Borgognona, Via Frattina , via Condotti ( a particular street for shopping), this pension is in a quiet street.

In a few minutes on foot you can reach S.Pietro , Musei Vaticani, Piazza del Popolo, Via del Corso, Pincio, Ara Pacis.

The accommodation is located on the ground-floor of an elegant building ( only six steps to enter our pension); it has been finely renovated with materials of value, also for the big private baths in the rooms realized in mosaic and with hair-drier and radiator.

The three rooms are furnished with artisan furniture, Large, luminous and not noisy with LCD tv and private bath.

There is the availability of one shared point for internet access 24 hours, laundry service, ironing, touristic guide (minimum 4 people), on request at the moment of reservation.

Other suggestion for Rome? Charming accommodation in the centre of Rome: find an Hotel close to Tiburtina Station, or compare price for Rome hotels Vatican Museums, or make a reservation for a Rome Walking Tour