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Tag: NJ attorney

How to Report an Employment Law Violation

Report an Employment Law ViolationWhen most people hear the term “labor law violations” they think of those big companies like Google and Activision.  But, in all honesty, any place where there are employees and employers, labor law violations can and do happen.  In fact people file thousands of these charges every single year and they are for everything from larger corporations to medium sized businesses to family owned mom and pop stores.  These charges are called ULP or Unfair Labor Practices.  Not only can a ULP be filed against a business or a specific person, such as your boss, but they can also be filed against anyone in a Union that you might be a member of for things like violence, intimidation, coercion and more.  If you have ever been involved in an Unfair Labor Practice or you have dealt with any other unlawful situations, you might be wondering who you are supposed to contact for help.  Thankfully we have created a small list below for everything from ULP to Fraud, to Child Labor Laws and more.

Employment Attorney

What to Ask an Employment Attorney

If you have a workplace related legal issue such as workplace bullying, discrimination, harassment of any type of unfair or unlawful termination, it might be time to meet up with an Employment attorney in New Jersey. This is of course, a worst case scenario.  One of the first things you should do is try to talk to the person in charge or to human resources to see what can be done – if anything.  If all else fails, then the next logical step would be to speak to a lawyer.  When it comes to meeting with a lawyer, make sure that you make the process as easy and smooth as you can.  Be sure to prepare a list of a few questions that you want to ask the lawyer.  Asking questions is a great way to see if you and the lawyer are a good match and if they can handle the situation at hand properly.  Here are a few of the questions you should be asking your Employment attorney if you are serious about the situation and need help.

What is Chapter 11 Bankruptcy

Each state has its own way of handling bankruptcies and has their own provisions. This is why it is important to visit with a local legal professional who can help you come to an understanding of the laws and guidelines concerning bankruptcies. For those who live inLivingston,New Jersey then they should contact a bankruptcy lawyer in NJ. Most of the differences between states have to do with limits pertaining to debts and income levels which have to be met in order to be eligible to file any particular chapter. Chapter 11 is a type of bankruptcy which is filed by a company when their revenues over the long term are likely to be much higher than the value were they to liquidate assets. This ensures their creditors that they will get more money back by allowing the company to reorganize and create a payment plan. In these cases the companies becomes a “debtor in possession” and maintains the ownership and control of their assets and are allowed to continue the regular operations of the business.

What is an Indemnity Agreement?

indemnity agreement
Man Signing Agreement

A NJ attorney can help companies draw up an indemnity agreement. When an indemnity agreement is set in place, financial responsibility is decided.  Indemnification according to Black’s Law Dictionary, is “a duty to make good any loss, damage or liability incurred by another.” In general it means to “hold harmless” such that one party will hold another harmless in the case of damage or loss. Therefore, indemnification is the act of not being held liable, or of being protected from costs associated with damages. The costs are shifted to another party who is held liable and will have to pay for any such losses. Indemnity also comes with the understanding that when a party is injured, they have a right to claim compensation or reimbursement for any loss or damages. It can also refer to being compensated for damages or loss that occurs because of the action of a separate party. Or it can be described as a sort of legal exemption from having to pay any type of loss or damage in cases where an indemnity clause is included in a contract.

What is RPC Rule 8.3?

Rules Sign
Know the Rules Stamp

Every NJ attorney is compelled to be responsible to maintain the integrity of the legal profession. Every lawyer is bound by a set of legal ethics and they must adhere to them in order to protect the integrity of the profession. Many people have often asked what an attorney should do if they are aware of unethical actions committed on the part of another attorney or legal professional. Are they bound by the law to report these types of actions, or are they exempt? Whenever an attorney becomes aware of unethical actions committed by another legal professional they are required to report the professional misconduct to the ethics committee in New Jersey. Every NJ attorney is required to follow the Rules of Professional Conduct (RPC) including Rule 8.3 which states that a lawyer must report unethical behaviors.

What is Attorney Client Confidentiality?

Confidential Files
Confidential Files

According to New Jersey Law, the attorney-client relationship is highly protected as is the confidentiality they share. All communications between the client and the NJ attorney in the professional relationship are considered to be privileged and confidential. In most cases, the lawyer is expected to respect any information that they obtain from a client and is it their duty to not disclose information. Unless the client makes informed consent which states that the lawyer can disclose information, the attorney is obligated to refrain from revealing any information that is shared during representation. A client has the right to present their actions to an attorney and seek legal counsel as to what their rights and obligations may be in the circumstance. Lawyers need information that may be embarrassing or legally damaging to a client in order to provide effective representation of their clients; and they need it in some cases to instruct the client to refrain from committing illegal or wrongful conduct.