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Law

Protecting Your Rights After Domestic Violence

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If you have been the victim of domestic abuse and are seeking some form of retribution or any other form of justice you should seek the counsel of a domestic abuse attorney. An experienced lawyer will be able to help you get a restraining order against your abuser which will prevent him/her from coming near you or your family again. David Genis – Best Assault Lawyer can help domestic abuse victims in their pursuit of justice can assist you to get a temporary restraining order (or sometimes even a permanent protection order), prevent your abuser from coming near you or your family again, and explain your legal rights and what resources are available to you to work towards obtaining the most comprehensive outcome.

David Genis - Best Assault Lawyer

The process of obtaining a restraining or protection order against an alleged abuser is not a quick or easy process. It takes months to go through the court system and make your case to a judge; the process of obtaining a temporary restraining order is even longer. In many domestic violence cases, it takes several years before the matter is settled by the court and the alleged abuser is finally expelled from home. In more extreme cases, domestic abuse charges can even be refiled after leaving the police station or county jail if the victim decides to file a false report against the defendant.

Once the victim has decided to pursue justice, it is important to note that in many instances false allegations have been brought against someone they never did have a relationship with. False allegations often come about when the person suspected of committing a crime fears further investigation and possibly charges; false allegations are often made because the person feels that they might lose their job if they go forward with pursuing legal action against the suspected abuser. For this reason, victims should seek out a lawyer to represent them in their courtroom. A skilled attorney will know all the laws and court procedures pertaining to domestic abuse and assault cases and will be aware of any defences which the victim might be able to use in court. Many times, victims are unaware that they can assert their rights against their alleged abuser and prosecutors are usually too busy to spend time with them in seeking a resolution.

Once the victim does secure a protective order against their suspected abuser, they may face the possibility of being dropped by their abuser and unable to return to their home or place of work. The court will issue a temporary restraining order against the suspected abuser and place a temporary protective order on the residence or workplace of the individual. These orders are usually referred to as RPO’s and can only be removed by a court order. Once removed, the restraining order stays in effect unless it is lifted by the court for one of several reasons.

David Genis - Best Assault Lawyer

Removal of protective orders can be a difficult and lengthy process; this is especially true in cases of domestic violence. In most cases, victims will need to first be able to obtain the services of an experienced attorney who is experienced with securing restraining orders and other legal protections. An attorney with experience in handling these cases will know exactly what to do as well as where to look for support during this delicate and often confusing process. Victims should not attempt to fight their case on their own or through the help of a family lawyer. Legal assistance from an experienced attorney is essential in determining whether your case has a reasonable chance of winning. A lack of evidence or weak evidence supporting a case of domestic abuse is not good enough to have a restraining order successfully granted.

Oftentimes, victims are not even aware that their abusers have even been charged with a crime. A domestic abuse restraining order can be effectively enforced by contacting the local authorities such as the FBI and local police departments. In instances where charges are filed against an individual, victims can expect swift and aggressive action from their attorneys. By contacting law enforcement officials immediately after the alleged abuse occurs, victims can prevent the charges from being transferred to another jurisdiction and have their abusers removed from their homes and permanently prohibited from returning.

Careers & Employment

Unvested Stock Options: Entitlements After Termination

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In many companies, employees get options for stocks or restricted share units as a form of compensation. While such compensation works great for the continuing employees, for the dismissed ones, it can create a problem. The first hitch is, whether that compensation should be continued over the notice period or not.

employment lawyer

In this article, employment lawyers have tried to explain the stock option plans for the employees. These options would help you to decide whether a wrongfully dismissed employee is entitled to get compensation for all those lost unvested stock options. If you are interested to know more about this issue, check the following section of this article.

What The Law Says

Even though many employers intentionally draft the stock options so that the terminated employees do not get the benefit. However, the Law of Ontario opposes this step. The terminated candidate is legally entitled to all the benefits, wages, and other types of compensation he or she is eligible for during the notice period.

Limiting Stock Options During Notice Period

Previously, it was easier for employers to limit the stock options of the employees over the notice period. However, the laws have changed ever since. Right now, the law in Ontario indicates that the employees are entitled to any of the payments.

The only way to stop the employees from getting these benefits is to expressly exclude the bonus payment options upon the termination in the contract. Even though this is an issue related to bonus payments, it can be used in the case of the stock options as well. That’s why it is better to talk to an employment lawyer before you sign any contract with a company.

The Stock Option Limitations Must Be Very Clear

Recently, the Court of Appeal for Ontario stated that the employer is obliged to pay damages to the employees for the loss of the unvested stock options. The employer would not be liable to pay any such damages if there is an express language in the contract or the stock options or any such similar documents limiting the right for the compensation.

However, the existence of such express language gets scrutinized by the court closely. The law indicated that the employer would not have to make payments for any compensation if the language is unambiguous and clear. Saying that you have to understand that the enforcement of such an agreement entirely depends on each case.

employment lawyer

The Employees Must Know About The Stock Option Limitation

In another case, the court has indicated that having a legally compliant and well-drafted contractual provision is not enough to keep the employers from offering the damages. The employer has to bring the stock option limitations to the attention of the employee while he or she was signing the employment contract.

That means the employer will not only have to write the limitations in an unambiguous language he/she should also explicitly communicate with the employee about this matter. It is the only way for the employers to not pay any damages for the unvested stock options.

All in all, the courts of Canada have made it clear that if the companies are not extremely careful about the wordings of the stock options, it would go in favour of the terminated employees. To avoid such a situation, the employers must take the advice of an employment lawyer while drafting the plans for their stock options. The employees, on the other hand, should get in touch with the lawyers to make sure that they are getting the dues properly.