Five Things You Need to Know And Do Before Doing a Background Check

Five Things You Need to Know And Do Before Doing a Background Check

If you are like many employers, you want to make sure that you are hiring the best employees possible and you probably are opting to perform background checks on any potential employees. Though that is certainly a wonderful idea, it may be in your best interest to make sure you are doing them correctly as to protect yourself from any legal action. Though performing background checks is an excellent idea, if you do them wrong, you could actually be violating the law. Here are five things that you should be aware of before doing a background check.

Make Sure You Have Permission

Though this may seem like a no brainer, making sure you have the candidate’s permission to run a background check is crucial. Not only could you get in big trouble if you don’t have permission, it is just irresponsible to do a background check on someone when they don’t know you are doing it. Most companies find that a supplement with the application is sufficient enough for this and many applications also have an area that will explain the need for this permission as well. When in doubt, talk with an employment lawyer.

Don’t Have Blanket Policies

One of the most common mistakes that employers have is to have a blanket policy when it comes to those who have criminal convictions. This could even be illegal depending on where you live. Blanket policies in any capacity can be detrimental to your company anyway, so if you do have them in place, it may be time to re-evaluate their usefulness.

Be Cautious with Financial Background Checks

In many states, it can also be illegal to check a candidate’s credit report or financial background. Depending on the situation, you may be able to check a financial background, but in many cases, more and more states are pulling this type of check from their law books. Generally only those in the financial trade or those in management positions would be required to go through a financial background check.

Mobile Apps are the Same as Traditional Background Checks

Some employers have opted to use mobile apps to run background checks on individuals. It doesn’t matter if you are using a mobile app or not, the same rules still apply so make sure you are keeping that in mind. If something is illegal in your state during a traditional background check, it will be illegal in a mobile background check as well

The EEOC is Watching

If your company is doing background checks, you can be guaranteed that the EEOC is interested in making sure you are doing them correctly. There has been a move by the agency to make sure employers are following rules and regulations when it comes to background checks and they are quite serious about compliance. Your best bet is to make sure you understand the laws and legislation out there and follow the rules. As mentioned above, if you are in doubt, seek the advice of an attorney who is familiar with employment law.

Oakland Estate Litigation Lawyer Protect Your Rights And Interests

Oakland Estate Litigation Lawyer Protect Your Rights And Interests

The job of trustees is extremely sensitive. They are appointed as care takers of trusts and estates to which they have no rights. In spite of being aware of all the rules and limitations that apply them, many of them fail to hand over the property, investments, papers and legal documents to its rightful owners or heirs. In such a scenario trustees’ face serious breach of fiduciary duty.

On their part beneficiaries need to act quickly. Forceful trust amendment is one of the major causes of trust litigation. Trustees typically look after investments, estate and other financial transactions on day to day basis. In many cases the administrators’ siphon off money, invest illegally and in an unauthorized way. They then have the trust to rewrite the clauses to favor them. Beneficiaries have no choice but to opt for trust amendment contest. Oakland trust litigationlaws provides relief to such beneficiaries; enforcing decedent’s original wishes in court.

In some cases the attorneys themselves modify or rewrite trust clauses to favor some individuals or people by preparing wrongful papers. Deed reformation action is yet another common cause for litigation.

Oakland estate litigation lawyer analyzes a complaint and provides assertive and timely representation to protect rights and interests of recipients, and the value of the estate or trust assets. Legal advocacy makes a big difference to the outcome of litigation trust.

If an estate or trust is improperly administered even then the beneficiaries can act against the administrators. It they do not take legal assistance, chances are the underlying assets of a trust or estate may be illegally disposed off.

Many times trust and estate dispute arises after the death of a loved one. The best way to avoid such litigations is to make proper deed/will which cannot be challenged in the court of law. However, sometimes a will or trust is improperly drafted or forcibly changed by influencing the trust owner. In such cases it is advisable to hire legal representation of a probate lawyer.

Oakland probate lawyer typically tries to solve family disputes before the litigation. However, in many cases things spiral out of hand and go to the probate court. It is an Oakland lawyer who tries to find an amicable resolution.

Attorneys know that estate and trust disputes can be time consuming, expensive and extremely sensitive in nature. Family members are put under immense pressure during the court hearings. Oakland attorneys make it a point to find quick results.

Why do You Need a Divorce Lawyer For Your Divorce,

Why do You Need a Divorce Lawyer For Your Divorce,

The divorce process can be a very financially and emotionally draining experience whether mutual or otherwise. Either way you will need a divorce lawyer in order to avoid the intricacies involved in the process. At this time it is very important to select a lawyer with only your best interests on the forefront because divorce is in most cases is always very complicated. Outlined below are some of the reasons which explain why you need a divorce lawyer for your divorce.

For protection of your legal rights

It could ensure that your legal rights during the divorce proceedings are observed. The right to be represented, the right to assets and custody or visitation rights if children are involved are all adhered to, thanks to the divorce lawyer. In cases where there is no divorce lawyer, one might have their legal rights infringed even without them being aware, especially if the divorce is not on amicable terms.

Getting the most out of it

The divorce lawyer could also ensure that your divorce process is worth all the effort and time employed. The lawyer could ensure that you get friendly settlements and terms in the long run on your side especially if the divorce is as a result of disagreeable actions committed by the other party. If assets of great value are involved then the lawyer could ensure that that you are well taken care of financially, with all the important factors put into consideration.

When children are involved

If you have children, the issue of custody is often very complicated and one no doubt needs a divorce lawyer on their side to fight the custody battle. If you intend to have your children live with you after the divorce then the lawyer could convince the court to rule in your favour. If you are not in a position to live with them but require favourable visitation terms then a lawyer could ensure that that is granted too. The lawyer could prove to the court that you are able to care for the child or children effectively and also enable you to get adequate child support if applicable. Without a lawyer the opposition might no doubt question your parenting abilities and have deny you this very fundamental right to quality time with your children.

The paperwork

Just like majority of legal proceedings, the paperwork involved is a lot especially when it comes to dividing of assets or property. A lawyer could be very helpful in providing guidance on how to go about the paperwork. The taxation processes involved during the assets splitting could be dealt with by the lawyer accordingly.

When the separation is mutual

In this case you might need only one lawyer and save on legal costs. He could help both you and your partner reach an amicable and friendly agreement on issues surrounding your divorce and therefore enable both of you to part satisfied with the end result.

It is very important and it is not uncommon to find many difficult divorce cases being settled amicably in the end.

Domestic Anti Bribery Enforcement Action And Remedies

Domestic Anti Bribery Enforcement Action And Remedies

Bribery is considered as the criminal offence adopted by the individual in the major organizations like institutions, colleges or in corporate sectors. People involved in such practices comply with the law and presents the highest ethical standards of their conduct in the organization. Such cases comes in light in the daily practices or routine life, Most of the case, the offender is liable to face disciplinary action and appropriately penalty which included the dismissal or termination of the service.

Officially, bribery is defined as the corrupt practices which include the gifting, paying, promising and accepting financial or other advantage which induce the improper performance of public activity or performed on behalf or other person in the due course of person employment, business or trade with the expectation of the performance in good faith or trust. There are illustrations of bribery which would mirror the paying or taking of bribe. As the law clearly states that the paying or taking bribe both are judged as the corrupt practices which lead to a criminal activity and whereby both are punishable under the law. In this context, offer or receipt of a good or a service for private use at no charge or minimum charge in order to secure the business, payment from the external source to the some associate to obtain contracts, Payment made to some source to perform improper duties exemplifies the bribery.

Bribery cases are high at rise and worldwide private investigations are conducted comprehensively to curb the rise. Such practices have led to a corrupt environment by taking or paying the finance or other advantages which induces third party to take improper performance of duties. Statistics reveals that since 1990 every year around 1500 individuals are charged with the bribery case and 40 % out of them are from different departments of the government sector, rest all from the other public sector or private institutions and various organizations. These practices are spreading in all the sectors, organizations and infecting the complete society. The genuine or easy going works are obstacled for the want of bribery.

In this direction, governments have conducted a drive to tighten the net upon the bribery offender. Government have brought an anti bribery enforcement to track such defaulters. Department of justice have implemented the policy of Foreign Corrupt Practices Act (FCPA) which issued the guidelines for the violation of FCPA. These acts are applicable to all nations across the world where violators are barred from carrying out any business in that country. In addition the violators are not allowed to get export license and imposed upon heavy penalty.

In general, FCPA prohibits an organization to indulge in the corrupt practices to keep the business up. Securities and Exchange Commission (SEC) together with the department of justice plays the role of chief enforcement agency. The attorney general of SEC bring upon the civil action to enjoin the act or practice of the firm. The SEC may desist orders against a person who violates the anti bribery provisions. Other than FCPA, local private Investigators base in the country assists the criminal law. Under the criminal law, the violator could be fined twice the gross gain or loss, if the victim drives pecuniary gain or loss to another person.

FCPA data shows that every year around a dozen individual are prosecuted. The limitation of FCPA is that it prosecutes only bribe payers case but domestic anti bribery law targets both bribe payer and takers. The conviction rate is around 90% for domestic prosecution. The old backlog of the domestic anti bribery cases on public corruption charges awaited around 473 as compared to 300 of last year.

This revelation depicts that the domestic anti bribery enforcements should be implemented strictly and speedily to clear all backlogs and no case of bribe should come in lights.

Prison Reform Now a Major Political Topic in Many States of The United States

Prison Reform Now a Major Political Topic in Many States of The United States

David Williams, president of Kentucky’s Senate, speaking in favour of a bill that would reform the prison system. The big question is in nonviolent offenders towards drug treatment rather than jail. It is projected to save $422 million over the next decade and will invest about half of those savings on improving states treatment, role and prevention programs. Mr Williams who believes constructing our streets too many people are too greater costs praise the bill recognising the possibility for forgiveness and redemption and changing someone’s life. It passed the Republicans controlled Senate 38 zero on May 17 Williams went on to win the Republican nomination governor.

Mr Williams and his Republican colleagues join the swelling ranks of Conservatives have taken up the cause of sentencing in prison reform. In February Nathan Deal, Georges Republican governor announced a bill to create the council to recommend changes on how his state sentence criminals. On May 11 Oklahoma’s Republican Gov Connie, signed a law expanding alternatives to jail in non violent offenders. This follows similar measures in South Carolina in Texas, both of them conservative states with Republican governors.

Drivers of these reforms are motivated by a simple factor. Over the past two decades crime rates have fallen to prison populations have risen. More people have been jailed for more crime is particularly nonviolent drug-related crimes and kept there longer. Pat Nolan, a former Republican legislator from California is serving time in prison for racketeering and now works in prison Fellowship, prison Ministry, laments the we build jails and people were afraid and fill them with people were mad. And fill in America has. Over the past two decades, spending on prisons has grown faster in any segment of the State budgets except medicate. Between 1989 2009 prison spending in Kentucky grew by 340%. Georgia spends $1 billion a year on corrections, despite spending less than the national average on each inmate.

Texas began tackling these problems in the last decade in 2003 it started mandating probation rather than prison in the first time offenders call with less than a gram of hard drugs. Two years later it gave the probation board more money to improve supervision and treatment programs. In 2007, faces predictions that need over 17,000 new prison beds by 2012 needing $1.13 billion to build prisons and 1.5 billion to operate, fixes allocated 241,000,000 to fund treatment programs. Since 2003 kinds of many kinds have declined in Texas. Between 2007 and 2008 Texas’s incarceration rate fell by 4.5%. Nationally the rate rose slightly. Both juvenile crime in the numbers of juveniles in state institutions have declined. These reforms and save money.

Insuring recidivism, they turned prisoners from tax burdens and paying citizens. And a knowledge something that tough on crime rhetoric is too long ignored which is that almost everyone in prison will eventually return to society. Do they return as good neighbours and productive citizens rather than recidivist offenders. The fact that the reforms that produces encouraging figures came from hanging high Texas and not say he didn’t mind is given a political as well as policy credibility. Ahead of the Americans that tax reform and prominent supporter of initiative called right on crime, which advocates criminal justice reform and Conservative grounds, argues that nobody is going to listen to Barney Frank is the liberal Congress on these issues. Just as Richard Nixon could open relations with China without being thought of as soft on communism, so Conservatives can push a sentencing reform without being considered soft on crime.

How a Utah Drunk Driving Attorney Can Get The Best Out of Your Case

How a Utah Drunk Driving Attorney Can Get The Best Out of Your Case

Knowing what happens to your blood levels when you drink can help you better understand blood alcohol levels and how they affect you. It is your blood alcohol level, BAC that is tested when you are suspected of drinking and driving. Many people think they can beat the system in a variety of ways but your Utah Drunk Driving Attorney will tell you otherwise. While they are there to challenge your drunken driving charges, they are not there to help you get way with the act. Driving while drunk severely impacts not only your life but those in the car with you, as well as other drivers on the road. There are many innocent victims that are not under the influence, who are killed by drunk drivers every day.

Drinking and then thinking you can sober up enough to drive is the biggest mistake you can make. Coffee is a fallacy. It does not sober you up; eating a lot after drinking, will not sober you up either. It is true that eating before drinking, especially protein, will slow alcohol absorption, and even eating while drinking, will slow it down. But woofing down a meal will only soak up the alcohol in your stomach, not in your blood. Forget breathe mints if you that is going to fool the policeman who pulls you over. In fact, extra minty breath is a sure tip off to the cops. The mints will not affect the breathalyzer test and if you are asked to walk the line or touch your nose, that will be the telltale sign, no matter how fresh your breath is. Exercise, such as dancing, is not a deterrent either. Some people think that if they are at a club and dancing all night that they will be less drunk.

This is not true. The amount of alcohol you put into your body versus your weight and how quickly you drink is what determines your blood alcohol level. A safe way to drink is one drink per hour. So what is considered one drink, Well it varies per type of alcohol consumed. Most people think that one glass of wine is equal to one drink; however a half of glass of wine, four ounces, is the actual amount of one drink. When it comes to 80-proof alcohol, 1.5 ounces does the trick and 12 ounces of beer is one drink. Since most beer bottles are 8 ounces that is equal to one and a half beers. And most bars use one ounce measures in their drinks, meaning you can safely drink one and half drinks per hour to stay within legal BAC zones for drinking. But always rely more on how you feel and know your own body. Know your limits before you go out. If you know you feel good after one and get a little sloppy after two, slow down your drinking. Most people do not keep their limits in mind when out drinking and that is what causes the problem. One drink leads to two and then to three and no matter how drunk they are, they keep drinking until the night is over. That is fine if you have a ride home, but if you are the driver, beware. You may find yourself in desperate need of a Utah Drunk Driving Attorney. And if that is all you need, you should count yourself lucky.

Injuring yourself or others, or worse yet, killing others is not worth that extra drink. It can ruin your life forever and the life of those around you. Drinking responsibly is easier if you are aware of how BAC is measured. . If your blood alcohol level (BAC) is .03 and under you are considered sober. But with levels of.04 to .06 you will be arrested for driving under the influence. While you may feel perfectly fine, there is some impairment of both your mental and motor skills. When you reach a level of .07 to .09 your reaction time and motor skills are quite impaired. From .10 to .12 you are significantly impaired and from .13 to .15 your motor skills are grossly impairment where balance and vision are affected. At a BAC of .16 to 19, dysphoria sets in and when it gets really dangerous is when you reach .30, where you could slip into a coma at .35 and over At 40 and above you are at risk for death. So is it worth the risk and having to call a Utah Drunk Driving Attorney, The answer is no. While these attorneys are the best and will work to take care of everything for you, from dealing with the court and license department, you are in a heap of trouble. You can only hope that you only ran a stop sign or a red light and that no one was hurt, including yourself. It’s a hard lesson to learn, but one that should teach you that drinking and driving is dangerous, illegal and can change your life. If you are unfortunate enough to have been drinking and driving, and got arrested, the first thing you should do is call Mr. DUI Attorney in Utah. Don’t try to deal with it on your own. Get your case settled and take it as a lesson learned. Move on and don’t drink and drive.

Three Reasons Why You Need an Elder Abuse Attorney in California

Three Reasons Why You Need an Elder Abuse Attorney in California

When you parents age or someone close to you gets too old to handle things themselves, it can be quite heartbreaking. It can be sad to see people you love deteriorate of their physical and mental well being. Unfortunately, that is just how life is and it can be easy for you to get them help by getting the help of an elder abuse attorney when needed. But what do you exactly need a lawyer for,

Let’s face reality. There are those people who will take advantage of the elderly and harm them one way or another. Elder abuse is as real as bullying is to a kid. This abuse can happen anytime and even family members can be predators. Old people are vulnerable and should be protected. They can be a victim of a financial scam or physical abuse. If this happens, pursuing legal action is always recommended and getting an elder abuse attorney in California will help you go through the litigation because it is their expertise to protect this minority.

1. Protection from Financial Abuse

A lot of elderly people are stripped off their money without them knowing it. Some screwed family members do take advantage of the fact that most elders would allow other people to handle their financial affairs for them and give them power of attorney to handle their money. This is the time when shrewd people skim funds and use it for themselves unethically. If you suspect any financial sham happening in your household, an elder abuse lawyer can help. He can help assist in getting a trustee to audit financial statements and if any wrongdoing is discovered, the lawyer can file an emergency power of attorney to prohibit authorization from the abusing party.

2. Guard Against Abuse in Health Care

Older people who are in a health care facility may be prone to mistreatment. In some cases, physical abuses happen between the patient and health care assistants. This happens especially if patients can no longer speak their mind out because of their medical condition. In some cases, caregivers and other advocate can look over the health of an elderly person. In some instances, their health may be compromise when the people looking over their health use inadequate medication or would rather use inexpensive medication rather what is prescribed. Predators do this in order to get an increase of their inheritance. If you suspect any of this happening, you can consult an attorney to look into it and he will assist in getting temporary guardianship and to look for proof of abuse and eventually, sue for compensation if need be.

3. Prevent Possible Abuse

You can speak to a litigation lawyer even before an actual abuse can happen. You know that the elderly are vulnerable to exploitation and this is where an elder abuse lawyer can help. They will help you understand and let you be aware of the rights of the elderly and to decrease the risk of coercion. Elder law is bound to protect the people you love from mistreatment and wrong doing in wills, real estates, finances and health care.

DUI Conviction Can Ruin Your Life – Seek Legal Help Now

DUI Conviction Can Ruin Your Life – Seek Legal Help Now

Driving under the influence of alcohol or drug is a traffic offense. This is violating the strict Nevada traffic law. However, breaking laws like parking at a non parking zone or ignoring road light are not as serious as driving a vehicle after consuming alcohol or drug. If you are caught committing this offense, you may face severe penalties, if convicted.

DUI charge can be serious and you may be imprisoned for committing this offense. Monetary fine is not uncommon either. Depending on your offense you may have to provide community service. Ignition interlock device can be installed in your vehicle. These penalties vary depending on the severity of your offense. In case this is your second or third offense, the penalty will be harsher.

In case, you BAC or blood alcohol rate is over 0.08, you will be arrested for drunk driving. However, sometimes BAC has got nothing to do with the conviction. If you have committed driving impairment, you will be charged with the offense. Speeding and ignoring traffic light are all violation of law. Driving on the other side of the road is also an offense. Apart from these physical evidence like slurred speech and red eyes are indication that you are under influence.

It is important to get in touch with the Las Vegas criminal defense lawyers. Without the assistance of an expert, you will not be able to avoid the penalties. However, there are some facts about DUI that people do not know about.

People usually convict themselves when stopped for questioning. They either try to run or they get into verbal conflicts. This is not the way to handle an interrogation about drunk driving. You need to stay composed and obey the law enforcers.

It is important that you cooperate with the police. Trying to run from the scene may lead to other charges like obstruction of justice. This is the reason you should not attempt that and slow down when indicated to. Pull the vehicle at the side of the street and wait for the police officer to come and question you.

You can make a positive impression by acting politely. Try to answer all the questions the officers ask. However, avoid any question related to drinking incident. When asked to take the breathalyzer test, ask for an attorney specialized in DUI lawsuit.

Any experienced attorney will tell you not to walk away from your vehicle. In fact you should not get out of the vehicle unless you are asked to do so.

An Online Police Background Check is Available in Minutes

There are many reasons why someone might conduct a police background check. Police records are controlled and generally disseminated to law enforcement agencies, government licensing agencies and criminal justice agencies. Those working with high risk populations like the elderly, handicapped or children might also be asked to undergo a police background check. Anyone that is employed in a high security environment should also expect to have a police background check run. Running a police background check can be done using two methods. A general records search online using a background check service or a more accurate report through a fingerprinting agency are the two most common methods.

While an online police background check will likely reveal the same information as a fingerprinting service, it often will also include additional records that don’t apply to the person under scrutiny. A person can provide a fake social security number when they are arrested, causing a records search to turn up a crime that an individual has no knowledge of. However, with a fingerprinting search, only crimes that were actually committed by the individual will be found. Sorting through all the results returned by an online search can be difficult, particularly if the person being checked has a common name. The more common the name, the more results will be returned and the more time consuming it will be to sort through the presented records.

A fingerprinted police background check provides more accurate information regarding an individual’s criminal history, but it is not made available to everyone. Employers cannot ask for fingerprints unless they deal with high risk populations or sensitive government documents. The individual’s right to privacy makes it so that those criminal data bases are only generally available to law enforcement professionals. Not only that, but fingerprinting can be very expensive. While an online police background check can be performed in minutes, a fingerprinting takes several weeks and can cost over $75 per person. The cost and restricted nature of fingerprinting makes an online background check the most common method for background checks in most industries.

It may be more difficult to sort through all of the returned results, but the information collected on most job or rental applications should be enough to narrow down the field. If there are any remaining questions about information appearing on a police background check the prospective tenant or employee should be able to give you the information needed to either prove the charge is not theirs, or explain why they failed to mention it. Either way, it will give you the necessary information you need to make informed decisions.

Fight For Your Rights Strongly Through a Strong Criminal Law Attorney

Fight For Your Rights Strongly Through a Strong Criminal Law Attorney

Committing a crime is an offence of highest level but it doesn’t mean that a criminal cannot protect his/her right at the court. A criminal has every right to defend him/herself at the court and try to minimize the level of punishment. Sometimes, people get involved in criminal cases without fault and in such cases they have right to fight and prove their innocence. But it is very difficult for common people to get justice in court since they are not aware of legal proceedings. If you are facing some criminal charges in spite of being innocent, you need a criminal law attorney to fight for you in the court. Consider yourself lucky if you are a resident of Suffolk county, since is here to provide you with an experienced criminal law attorney.

is a law firm that has been serving people legally for the last 25 years. has got a team of experienced and efficient advocates who take aggressive legal strategies to secure the rights of their clients. can provide you with the best Suffolk criminal law attorney, no matter what kind of criminal charges you have got against yourself. The biggest reason why you should contact for hiring a Suffolk criminal law attorney is that criminal lawyers at the firm have got years of experience in dealing with criminal cases and their success rate is commendable. Unlike lawyers from other firms, attorneys from do not back out in the middle and fight till the end to ensure their client get the justice they deserve.

DWI or driving while intoxicated is the most common criminal charge that people face and they invite huge penalties. A Suffolk criminal attorney from can ensure that his client faces minimum penalty. Apart from DWI, you can also get an attorney to fight other forms of traffic related offences and criminal cases such as drug crimes, white collar crimes, felonies, theft crimes and domestic violence. No matter how serious the charges and how little is the scope for you to get some relief from the county, an attorney from can turn around the case dramatically. Yes, they have got that efficiency, depth of knowledge and experience to prove points that support you.

However, is not a criminal case specialist and provides people with all types of legal advices. You can contact to hire a Suffolk legal advice lawyer for dealing with family problems such as divorce, separation, child custody and for claiming compensation for personal injuries like car accidents, construction accidents, dog bites, medical malpractices, premises liability and wrongful death. Personal injury affects one physically as well as financially and hence the injured person should seek compensation from parties responsible for the injury. can provide you with a Suffolk legal advice lawyer who can ensure maximum compensation for you. Besides you may hire an attorney to get advices about getting out of issues that you feel might drag you towards a legal complication.

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