An implied contract is typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Such contracts are actions or behaviors on the part of the parties that demonstrate a mutual agreement between the parties, even if it is not spoken. These contracts are compared …
Any arbitration in California must comply with the California Arbitration Act, which regulates private arbitration in California and is intended to create and streamline the state arbitration process. Specific provisions of the law have caused controversy, and a lawsuit is pending to determine whether provisions involving mandatory arbitration agreements should be honored. Still, the Act …
Arbitration proceedings are often touted as a fantastic alternative to resolving legal disputes; however, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution mechanisms. It …
Bereavement leave, an essential provision in many employment policies, is a compassionate acknowledgment by employers of the need for time to grieve. In the challenging moments following the loss of an immediate family member or loved one, navigating through one’s professional obligations while mourning can seem overwhelming. This guide explores bereavement leave, its importance, and …
Disparate treatment discrimination in the workplace is a critical issue that affects many employees and employers across various industries. This discrimination occurs when an individual is treated differently based on certain protected characteristics, such as race, gender, sexual orientation, age, religion, national origin, or disability. Unlike disparate impact discrimination, which deals with policies that apply …
What Does Per Diem Mean? In the dynamic world of Human Resources, understanding the nuances of employee compensation is crucial. Among these nuances, the concept of per diem payments stands out as both a benefit and a tool for cost management. When employees go on business trips, they often incur business expenses. Per diem payments cover …
What is a Special Master? Special Masters have made their way into common discourse with the rise of appointments in cases covered nationally. In fact, the most common known example of a special master comes from the recent trial of Donald J. Trump. Trump’s legal team requested to appoint a special master to review the …
FRCP 26 are the general provisions governing discovery, which is the process by which parties exchange the information evidence that they intend to present in support of their case. The Federal Rules of Civil Procedure (FRCP) are the governing rules for civil cases brought within the federal courts. This means that when preparing and litigating …
What are the 5 Requirements for Adverse Possession? Adverse possession, often referred to as squatter’s rights, is a legal principle that includes 5 requirements that allow a person to claim ownership of a property if they have occupied it for a certain period without the true owner’s permission. Though laws can vary by jurisdiction, there …
There are four legal reasons for impeachment. Impeachment is the political process by which a legislative body levels charges against a government official. It is a formal process that begins with an accusation, or impeachment, against the official and can ultimately lead to their removal from office if found guilty. In the United States, the …