Do you Need Legal Help if the Employer Refuses to Pay a Salary
April 3, 2018
It is important to know how to get an unpaid salary. A delay on the part of the employer to pay you a pay due is enough to be able to bring your claims to court. Our criminal lawyers in toronto are here to guide you through the process if you are in need of legal help.
Only when your employer suffers from financial difficulties that prevent him from paying the full salary he may pay you 60 per cent of the agreed wage, but not less than the minimum wage. The remainder to the full amount remains due, along with the LEGAL INTEREST.
In this case, you have the right to terminate the employment contract without notice.
The order in such circumstances is as follows:
You notify the employer, he / she is obliged to issue an order for termination of the employment contract, describing the outstanding salaries, the amount of the benefits. You are entitled to compensation at the amount of the gross remuneration for the period of the notice – in the case of an indefinite employment right – and to the amount of the actual damages – in the case of a temporary employment relationship. You are entitled to compensation for the unused paid annual leave for the current calendar year
The order should be handed to you.
If the amount of the indemnities mentioned above, as well as the outstanding remuneration, are not described in the Order, sign the same, and write your objections (not the due fees, the benefits due, etc.)
If the employer does not pay you voluntarily, the due wages and benefits will have to be searched for by the court. Apply for a statement of salary, pay and non-paid salaries and benefits to the employer. If he does not cooperate with you and refuses to issue an extract, file a Complaint with the Labor Inspectorate. Your employer bears the administrative responsibility for failing to fulfill his obligations.
Cash receivables due to employers due to employment may be sought by employees in two ways – both in court. One is the common law order and the other method is the order of procedure provided for in the Civil Procedure Code for the collection of monetary receivables that are not contested by the debtor. In the general claim, the employee should file a petition within 3 years from the date on which the due payment was due to be made.
Wage claims are exempt from state fees and may benefit from the order of expedited proceedings. Upon satisfaction of the claim, all costs incurred by the employee in the case, lawyer’s fees and expert’s account should be reimbursed to him by the other party to the case – the employer. If the employer is in danger of becoming insolvent, you can ask the court to impose security on your claims on the property, cars, goods and inventory of the employer.
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Things to Know While Writing a Will
March 27, 2018
All those heirs who are called to inheritance and are entitled to a reserved part must participate in the division. If one of the rightful survivors does not participate, the live split will be void – it will not take effect. In such a case, the non-participating successor will be able to attack the partition by requesting a restitution of its reserved part, i.e. of the shared property will be subtracted and given to him, and he will be able to ask for a new split from the court. Our toronto criminal lawyer will let you know what to be careful for while writing a will.
What is donation?
The donation is a contract between the owner of the property and the heirs by which the owner transfers the property free of charge.
How is the donation – gift contract signed?
The owner and the heirs need to sign the contract in writing with a notary signature. If the real estate or real estate right enters into the owner’s estate, e.g. the right to build, a separate contract is required for in the form of a notarial deed. If they fail to transfer the property with a notary deed, but only mention it in the main contract for a partition with a notary certification of the signatures, the property will not be considered shared among the heirs. If the inheritance includes securities – stocks, bonds, promissory notes, etc., the owner has to transfer them according to their method, which is different depending on the type of the security.
The action of the donation-gift occurs immediately upon its conclusion, because it is a contract. This means that the heirs will become owners at the time the deal is made before a notary.
If the descendants become owners of the estate at once, can they ask the owner to leave the house before their death? Not if they retain the right to use the property or part of it until they die. To this end, they should consider including such an arrangement in the notary deed.
What is a divorce testament?
In practice, this is a will that the owner does for the benefit of all the heirs. In it they list all movables, properties, cash, etc., and distribute them among the heirs.
Since, above all, this kind of partition is a will, it must meet the requirements of the wills. There are two types: handwritten and notary.
- The handwritten testament must be:
Have date and signature.
Do not have text additions after the signature because the add-ons will be null and void.
The notary’s will is done before a notary in the presence of two witnesses. In essence, the owner dictates their will, and the notary records it and reads it for confirmation.
The common between the two types of wills is the following:
Have the same legal force (i.e., the handwritten will is not “below” by the notary but generates exactly the same effect);
The heirs acquire the inheritance after the death of the owner.
Source : https://penzu.com/public/2c21e9c8
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3 Types of Offenses in Canada
January 24, 2017
In different countries, classification of criminal offences may be different from others, and so are their penalties and punishments. In Canada, there are 3 over-arching types of criminal offences and criminal lawyers Toronto specialize in any of these fields. These over-arching categorization of offences dictate, to some degree, the punishment. It’s akin to the USA categorization of “misdemeanor” and “felony” offences.
Before moving on to the classifications, make sure you hired the best lawyer who can address the nature and severity of the offence on you. For example, if you’ve been charged with domestic assault, you can contact Brian Domestic Assault Law firm for best defence.
Here are the 3 main classifications in a nutshell:
- Summary Conviction offence
An offence that is not as serious as an indictable offence. Summary offences are usually tried in the lower courts (provincial) and have a less complicated process and lesser sentence or punishment. An example of a summary conviction offence would be trespassing.
- Indictable offence
This is more serious charge than a summary offence. Indictable offences are generally heard by a judge and jury in the higher courts and the sentence tends to be heavier than sentences for a summary conviction offence. An example of an indictable offence would be murder.
- Hybrid offences
A hybrid offence is an offence that could go either way. It could be tried as a summary conviction (summarily) or as an indictable offence (by indictment). It is up to the prosecutor (crown counsel) to choose how it will charge the individual. Hybrid offences generally fall in between summary convictions and indictable offences in terms of seriousness and in Canada the majority of criminal charges tend to be classified as hybrid offences. Examples of a hybrid offence would be impaired driving.
In case you’re arrested;
- The paperwork will be completed by the prosecutor or Crown Counsel
- The paperwork will be handed over to you or your criminal defence lawyer Toronto
This paperwork is also known as “Disclosure. Some people call it “the information” document. It reveals the type of charges you’ve been accused of, whether summary offence or indictable offence. Even if what you’re charged with is a “hybrid” offence, the Information will set out whether the prosecutor is proceeding with your charge “summarily” or as an “indictable” offence.
Tip from the Pros
Sometimes, people chose to hire the lawyer after being provided with the paperwork by the prosecutor. If you belong to this category, and are looking for a Toronto criminal defense lawyer:
- When you schedule your consultation, it’s a good idea to take your paperwork with you so the lawyer with whom you consult can review the particulars, and
- Take you through the type of offence you’re facing as well as provide your rights and/or legal defences going forward.
Knowing the law is really important and there is no excuse if you violate any rules and regulations just because you don’t know them. With all the basic information available here, now all you need is, find the right lawyer to represent you in the court.
Seeking A Degree In Law? Here’s What You Should Do
October 17, 2016
Are you interested in becoming a criminal lawyer? Do you have the abilities and a background? Criminal law is just like any field of science: there is a lot of scope and exposure, and the possibilities are endless. The field requires more of a practical exposure than theoretical knowledge. The reason is, nothing stays constant when it comes to law. It changes with time and there are lots of possibilities in every case. If you want to opt for the career in law, you need to understand its essentials.
Are you familiar with the procedures of registration? Do you have the competence? Do you know which college offers best courses and studies according to the field you selected? There are plenty of things to consider before even considering this option. You need to make sure you have the capability, which means, you have the qualification and scores to get enlisted. Then, you need to do your research regarding the law firms and professional lawyers in your area. If you reside in Toronto, think about the Toronto criminal law firm that offers best services. For example, if you’re charged with assault,Jeffrey Assaut Lawyer can help you through the procedure with utmost ease.
Start with yourself and follow these steps to identify the situations in which you consider yourself the best.
Get Bachelor’s Degree with Pre-Law Major
Bachelor’s degree is the primary requirement and most law schools require it. Alternatively, you should have completed 90 credit hours (equivalent to three years) for a similar degree, before entering any law school. In Canada, education is regulated by provinces, not by national authorities. Some colleges and law schools are recognized by government and they follow certain quality standards to ensure quality education at all levels. You can find the list of accredited law schools on government owned sites. Make sure you qualify their requirement because each of them have different standards for undergraduate education.
Moving on, you have to clear the law-school test in order to be accepted by the law school. The test is based on basic knowledge and skills. Good thing is, the test is standardized for all law schools. It means, by clearing this test, you will be partly eligible to enter any law school in your country. The rest depends upon your education and credit hours.
Enter Law School
The next step is to enter a law school in your area, or anywhere else in the country. Here are few tips to follow:
- View the law school guide to find out about the application procedures in the law school where you intend to register yourself.
- It depends upon your choice whether you would opt for Civil Law or Common law. Here, identify the place where you want to excel as a lawyer then you should register yourself at the law school in the same place. If your dream is to become a criminal defense lawyer Toronto, you can find the law school in Toronto, Ontario.
Complete the Course
Now, all you need is to complete the Bar Admission Course that consists of the following online self-study course:
- Wills and Estate
- Business Law
- Real Estate
- Professional Responsibility
- Criminal Law
- Family Law
- Constitutional Law
Each of these subjects consists of two licensing exams based on your studies and open-book.
Paying Your Criminal Defence Lawyer
September 12, 2016
First question anyone would ask to a criminal lawyer is, “How much do you charge?”Criminal defense lawyers charge in different manner and there are certain factors on which they base their fees.
3 Factors to Consider
In some places, especially urban cities and business hubs, criminal defense attorney charge high fees.
Nature and complications in case:
In general, defense lawyers charge higher fees for felonies as compared to misdemeanors for obvious reasons. Felonies require more appearances in court and may take longer to resolve.
Everyone would like to have an experienced attorney defend his case. Therefore, they charge higher fees just because they have a large list of clients. They’re experienced enough to be able to defend your case successfully. For example, if you live in Brampton, Toronto, and are searching for experts such as Brian Ross Lawyer Brampton.
The fees may differ from place to place. Any criminal defence lawyer Brampton will charge you in the range of $1500 to $2000 to defend your case, but still, it may vary because of above mentioned factors.
There are three common ways in which criminal defense lawyer can be paid:
You may be billed for hourly fees. If they charge you hourly then you can expect to pay $150 per hour. Plus, other expenses like subpoena fees, copying fees or any other expenses will also be paid by defendants.
Hourly billing is beneficial for those people whose case concluded quickly. On the other hand, any complication would mean additional time for research and preparation. If the case is easy, and requires just a phone call, criminal defense attorney sets minimum retainer fee for that.
Most experienced defense lawyer inform their clients how much time they require to conclude the case. Mostly, the case is resolved before the anticipated time informed.
Defense attorneys want their defendants to pay certain amount upfront, whether they charge hourly fees or fixed amount. Retainer is a kind of guarantee which indemnifies lawyers if the client replaces him for someone else.
A lawyer who charges hourly fees may ask you to deposit the amount for 20 hours up front. The lawyer normally sends statements showing the number of hours spent and the kind of work done. He would also inform his clients as to how much of the deposited amount has been used so far.
Before the amount finished, the lawyer informs his client to deposit more amount for certain number of hours to be able to continue his case.
You may be charged with a fixed amount. Most criminal defense lawyers Brampton set a fixed amount for DUI cases. In this situation, the fee remains unchanged no matter how long your lawyer works on the case.
The benefit is, you will have an idea of how much to pay your lawyer. It is the responsibility of your lawyer to spend extra time if any complication arises. On the other hand, if the case was resolved sooner than your expectations, you might think you have over-paid your lawyer. In some situations, lawyer return certain portion of their fees.
Top Benefits Of Hiring A Criminal Defence Lawyer Toronto For Harassment Charges
August 23, 2016
Have anyone has police complained against your regarding any kind of harassment? If you are proved guilty, under the Criminal code of Canada, you will be condemned for criminal harassment charges under 264 (1). Stalking, sexual harassment, workplace harassment etc are some of the heinous offence for which the law of the Canada is very strict.
Thus to avoid such issues, immediately call your criminal defence lawyer Toronto. Let the professional talk to the police and prepare the bail and other documents after knowing the charges and allegations against you.
Benefits of hiring the Toronto defence lawyer for harassment charges—
The attorney is an expert to defend harassment charges—
During the time of the crises when your career and reputation are at stake because of the harassment charges, only J.Hershberg Lawyer Toronto can appear to stand by you to check the situation and make sure about the charges on you. You can be appeared in the court or can be jailed if you don’t have a defense lawyer by your side.
Types of harassment and the lawyer—
Different types of harassment cases can be made. Now, depending on the charges and allegations on you, the Toronto defence lawyer of yours can help you according to the charges you have. For the sexual harassment, the lawyer has to apply separate strategy and for the workplace harassment, he/she will have to look for different sets of evidence. But whatever the attorney will do that is all for the sake of your reputation.
Preserve your reputation—
It is the responsibility of the criminal lawyers in Toronto to give their best shot in preserving your reputation. You will have to be careful and have to listen to everything as the criminal lawyer suggests you. This is not only necessary for preserving your reputation but also of your family or business. If you are a business owner, securing the reputation of the enterprise is also mandatory. Because of this charge against you, the brand reputation of your business can come at stake. Thus, follow the steps assured by the criminal defence lawyer Toronto to get the bail quickly and move out from all the charges.
Out of court settlement
If you have committed such heinous crime and there are chances to prove it, the Crown will leave no chance to prove you a guilty. That will not only be awful for your reputation but also of the family members. If you are ready to settle down the whole thing by paying an amount to the harassed person, the lawyer can intrude into to make sure that the money is paid or accepted. Often the opponent may ask for apologies. If required you can also do that to avoid being jailed and severely penalized under the charges of 264 (1).
Thus, hire a Toronto defence lawyer to get out from the entrapment of the harassment charges and feel protected. If you are innocent, you do not deserve the unnecessary pestering, you can charge the opponent with a defamation case if you consider so.
Who Is A Criminal Defense Lawyer? A Guide To The Tricks Of Trade
August 13, 2016
A criminal defense lawyer is somebody who represents considerable authority in taking care of criminal cases with suggestions, for example, fire related crime, DUI, murder, burglary, and so forth. The essential part of a criminal legal advisor is to survey confirms and to outline a viable protection methodology. Criminal legal counselors either function as barrier attorneys or prosecutors. A criminal resistance legal counselor will speak to the denounced, exhortation the customer on legitimate matters, and help with the encircling of authoritative records, for example, contracts, wills, and so forth. They can likewise go about as open protectors in instances of poverty. A criminal safeguard legal advisor with considerable aptitude in the field will be able to grill the indictment observers to demonstrate the client’s guiltlessness.
In great circumstances, Hershberg criminal lawyer and their criminal law firm may arrange with the indictment legal counselor to allot charges and disciplines in an impartial way. A prosecutor chips away at benefit of the legislature in criminal procedures. Whether it is resistance or arraignment, criminal legal advisors can use government insights and other authority records at any period of the case. The laws administering criminal legal advisors shift from state to state, however an essential code law is watched everywhere throughout the Canada. The criminal lawyer’s office will assume up the liability of meeting the customers, organizing court dates, completing foundation inquires about of cases, and so on.
So as to practice as an authorized lawyer, one ought to beat the law quiz after finishing of a three-year course in a graduate school. Notwithstanding instructive prerequisites, a criminal attorney must have certain qualities, for example, great correspondence and listening aptitudes, sorting out capacities, open talking aptitudes, capacity to handle complex criminal cases, and to manage individuals from all foundations. Since criminal cases would include a great deal of printed material for trials and criminal procedures thus criminal legal counselors ought to likewise have composing aptitudes. Moreover, they should be amazing moderators. The compensation of a criminal legal counselor will rely on the purview and the way of the case.
When it comes to the criminal defense, the criminal defense lawyer provides good representation because of their experience and expertise. They have studied the loop holes of the legal system and will help you to live as a free man. You can get a lot out of their experience as they have been in the trade for a long time. Companies such as Hershberg lawyers have been providing legal representation from the past decade.
So, when you are under a criminal charge, you should not waste a single moment and call the best criminal defense lawyer in the town. You can also get help from your family members and friends to locate a good criminal defense lawyer. You should always look for the qualification and case win percentage of the defense lawyer before hiring them. These things will help you to find a good lawyer that will help you in all steps of the case load and court proceedings.