Like it or not, more and more workplaces have been unionizing. And employees unionizing means collective bargaining agreements. A collective bargaining agreement is a contract entered into by the employer and the employees that stipulates the terms of employment (the hours worked, the compensation, any benefits employees receive, etc.). Instead of a single worker negotiating for these things, unions represent all employees in arguing these terms for all of the employees. A collective bargaining agreement attorney can help you draft proposals to your employee’s union reps for support, finding a balance that is acceptable to both parties. A collective bargaining agreement attorney can also draft the final agreement to be signed by union reps and an employer. 

The Right to Organize

Congress protected the rights of employees to unionize in the National Labor Relations Act, which says that “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing…” (29 U.S.C. § 157). The act additionally defines unfair employment practices by an employer to be interfering with that right, dominating or interfering with the union, and refusing to collectively bargain with the employee’s voted representative; these are a few of the unfair labor practices that employers could engage in. While there are no civil penalties for disobeying the NLRA, violations could cause the National Labor Relations Board to call for another union election, which could likely be more successful. So, before employees even begin to collectively bargain, it can be useful to speak with a collective bargaining agreement attorney to help make sure that if you plead your case for non-unionization, you do so in a way that does not potentially trigger a recount.

Example of the Collective Bargaining Process

Let’s say you own a restaurant and your employees start to organize. You start your case that unionization will harm your business as you already have razor thin margins, but your employees decide to vote for representation by a service worker’s union. Now you need to decide what you will offer to your employees. You have thin margins, so you want to propose a $0.50 pay raise each year to a total of $16.00 in 10 years, with 3 days of paid time off and 5 days of sick leave. You have a collective bargaining agreement attorney write up the proposal, and the union reps take it to your employees for a vote. The employees vote against ratifying the agreement and suggest they either want their pay increased to $16.00 sooner or they want health insurance. You hit the books and see which one will cost you more in the long run, and decide that an employee health insurance agreement would cost less in the long run. Your collective bargaining agreement attorney drafts the proposal, the union reps take it to a vote, and the employees agree. The collective bargaining agreement attorney writes up the actual collective bargaining agreement and you and the union reps sign it, and it becomes the pay package for your employees. 

If you need a collective bargaining agreement, or any other contract, please be sure to contact us a Mughal Law Firm, PLLC.

A bench warrant is an arrest warrant ordered by a judge against the defendant in a criminal case. Bench warrants are given when the accused fails to appear for trial or a court appearance. The reason it is called a bench warrant is that the judge gives the warrant and the bench is the traditional term for a judge’s seat. This means the warrant is ordering you to appear in front of the judge.

What happens if you do not appear in court?

As a lawyer, like a criminal defense lawyer from a law firm like The Lynch Law Group understands, if the defendant does not appear for a criminal case, the judge will issue an arrest warrant. The severity of the crime determines the judge’s punishment, much like sentencing. Arrest warrants give a defendant more motivation to turn themselves in and appear in court. They will also have law enforcement attempting to track down the accused and put them in jail. This is for arrest warrants, however. Bench warrants do not usually require that the police come knocking at your door to arrest you. Instead, the defendant’s name goes into a statewide system that all law enforcement has access to. If you have to deal with the police under any condition, for example, in case you are involved in a motor vehicle accident or stopped for running a red light, you will be taken into custody for the outstanding bench warrant. 

You will be taken into custody where you are able to post bail before you can be released. After you pay bail, you will get another court date and, of course, you should appear so this does not happen again. 

On the off chance that you know or find a bench warrant is out for your arrest, you can call the court you are being requested to be seen at or the police department and arrange to come in and pay the bail. At the point when you pay the bail, the warrant will be recalled without an arrest. Be sure to verify what type of payment is accepted.

In case you have what you consider an emergency and this is why you missed court, they understand that emergencies come up, and things happen. If you have a great reason for why you did not appear in court, you might actually persuade the judge into allowing you to get the bail back or having it credited against your fines and costs by sharing this information.

If you need help with a bench warrant, look to hire a skilled, local criminal defense attorney to assist with dealing with a bench warrant.

Immigration Attorney

Conditional Permanent Residents who obtained their status through marriage usually file Form I-751, Petition to Remove Conditions on Residence. Along with Form I-751, people usually include evidence of their marriage being in good faith, if they received their conditional green card through marriage. Our friends at the Mughal Law Firm, PLLC have provided some common mistakes that people make when filing Form I-751 below:

Using an older edition of Form I-751

USCIS forms have an additional date and expiry date. It is very important that whenever one sends a form to USCIS they are using the current version of the form. USCIS forms usually list the expiration date of the form on the top right corner of the first page of the form. The edition date is usually listed on the bottom left corner of each page. For the most current version of the form, go to the USCIS website. The USCIS website will say which edition of the form is the current edition, and the USCIS website will also let you download the latest version of the form.

Waiting too long to prepare the filing

Page 1 of the instructions for the 12/02/19 edition of Form I-751 states, “If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.” This means that you usually cannot file Form I-751 until 90 before the expiration of your green card if you are filing with your spouse. However, because the process of collecting evidence may take a significant amount of time for some people, a person intending to file Form I-751 could benefit from making a plan for what evidence is needed and how to collect that evidence slightly earlier than the 90-day filing window starts. You may want to talk to an immigration attorney a full month before the filing window starts so that you will have plenty of time to make a plan for what evidence you would like to submit, and then go about collecting that collecting that evidence so that you can have all of the necessary evidence as soon as the 90-day filing window starts. 

Not submitting the appropriate fee

USCIS will not accept your Form I-751 unless you provide the appropriate application fee. As of the date this article was written, for most Applicants the filing fee for Form I-751 is 595.00 dollars, plus an 85.00 biometrics fee. Fees to USCIS are payable through money order, check, or credit card. Checks and money orders must be written to “U.S. Department of Homeland Security” written in full without any abbreviations. One can pay through credit card by filling out form G -1450, Authorization for credit card transactions. Filing fees can sometimes change, so it is important to keep up to date with the filing fee.

If I Reported My Employer, Am I Protected as a Whistleblower?

When an employee observes that their employer has done something terrible and perhaps even illegal, he or she may wonder whether it is worth it to report what happened. Many employees may remain silent when their employer has done something wrong, out of fear they will be retaliated against or even fired. Depending on the circumstances, an employee may be protected as a whistleblower under both state and federal law. However, each state may be different in how they define a whistleblower, and what specific actions are protected. Those who want to know more can consult with an attorney who is familiar with various employment and whistleblower state laws. 

What Exactly is a Whistleblower?

A whistleblower is a worker who reports an individual or organization that has engaged in illicit, unhealthy, dangerous, discriminatory, or other behavior that is inappropriate for the workplace. When an employee witnesses something in the workplace either from their boss or coworker that does not feel right, they may contact a hotline to find out if what they saw should be officially reported. 

How do Whistleblowers Officially Report Inappropriate Employer Activity?

In general, an employee can access an anonymous hotline to report any misconduct on behalf of an employee or superior that works at the organization. This report is then forwarded to the proper agency who may investigate the situation or incident more in-depth.

What are Ways that an Employer may Retaliate Against the Worker?

If an employer is suspicious that a certain employee reported the company, they may retaliate in more subtle or obvious ways. While an employee may feel tension between themselves and their employer, awkward feelings are not considered retaliation. Here are some examples of how an employer may seek revenge against a worker for whistleblowing: 

• Refusing to provide the employee with a deserved reference 
• Giving the employee an unjust negative reference or unfair yearly review
• Demoting the employee to a different department or enforcing a pay cut 
• Changing the employee’s schedule intentionally, to days they know the employee cannot work due to other obligations
• Suspending the worker without pay
• Creating a work environment that is newly hostile
• An employee receives harassment from employer and/or coworkers
• Being fired from the company at least partly due to being a whistleblower

If I File a Lawsuit, What Kinds of Damages may I be Entitled to?

An employee that is considering filing a lawsuit against their employer for retaliation or wrongful termination for being a whistleblower, may want to meet with an employment litigation lawyer such as Eric Siegel Law immediately. Some employees may simply accept their termination, out of worry that a legal battle will only make things worse. However, a worker may be entitled to financial restitution and the following damages: 

• Emotional distress
• Difference in pay between old and new position after being demoted
• Compensation for newly developed financial hardships, which were caused as a result of the retaliation or termination 

So often we are told what to do at the scene of a car accident. However, have we been sufficiently informed about what not to do? We learn in driving school about the ways of the road and what happens at the scene of a collision, but is there enough emphasis on what not to say or do, so that we are protecting our best interests?

The average person will get into multiple car accidents in their lifetime, whether it be a minor fender bender or a more chaotic collision. After the crash, you are likely to be shaken up, in a state of shock, and frazzled — to say the least! It will be difficult in the moments afterwards to think straight and make decisions based on logic. This is why being informed about what to do, and what not to do, beforehand is so important. 

Do Not Say You Are Sorry or Admit Fault

Anyone who has been in a car accident can attest to how awkward it is. Is the other driver going to start yelling and blaming you? Was anyone seriously hurt? And will it come down to you or the other driver being held responsible? You may have the urge to apologize or something along those lines to appease the situation. Refrain from saying “I’m sorry” or admitting fault, even if you believe you are responsible.

When deciding who is deemed at-fault for the accident, statements made by you and the driver between witnesses or police can be influential forms of evidence. Saying as little as possible after the collision is one of the best things you can do to protect your best interests. 

Do Not Say You Are Okay or Not Injured

After being involved in a serious injury event, our bodies may be in a state of shock, meaning that our symptoms and pains may be disguised until a later time once things have calmed down. Unfortunately, saying you are okay or not injured to the other driver, witnesses, police officer, or insurance company can affect your ability to pursue compensation if you do need medical care later on. 

To ensure your health is taken care of, it is better to visit the doctor so any underlying injuries can be tended to as soon as possible. 

The moments after a car accident can be uncomfortable, but remember that saying less is more effective than anything you could say in your defense. Anyone who is in need of help after a car accident may want to talk with a legal professional, similar to an auto accident attorney in Indianapolis, IN from Ward & Ward Law Firm, as quickly as possible.