Know Legitimate Grounds for Dismissal There are a number of legal grounds for terminating employment, which include:Misconduct: This ground can apply to issues in the workplace, such as abuse of power or discrimination. Actions that constitute theft, fraud or gross negligence may also be considered misconduct.Poor Performance: If you have an employee who continually fails to meet the required performance…
So, what is legal separation? Legal separation, when used in the context of divorce, means that the parties to a marriage have a legal agreement as to the terms of the dissolution of the marriage, but they have not filed papers in court so as to formally end the marriage. When couples elect to legally separate but not divorce, they…
What is a Prenuptial Agreement? The classic definition of a "prenuptial agreement" is a contract between two people, to be in effect during marriage. In Wisconsin, the governing statute for "prenuptial agreement" is found at Wis. Stat. 767.255. While I would suggest that this statute is not well drafted, it does provide some general guidance and important basic conceptions regarding…
Witness Impact Statement: What is It? A witness impact statement is a written account provided by an individual who has been impacted by a crime or affected by the actions of the perpetrator. These statements are typically submitted to the court in criminal proceedings, particularly during the sentencing phase. The primary purpose of a witness impact statement is to provide…
Introduction to Part-Time Employment Contracts Part-time employment contracts differ significantly from the full-time employment contracts in that they are often assumed rather than prepared. Some employers do not realize that employees who work less than 35 hours per week may be entitled to the same rights as full-time employees. This means for example, that a part-time worker is entitled to…
What Is Legal Detriment? Legal detriment refers to the imposition of an obligation or detriment upon a person. Legal detriment is necessary for a valid contract. It is the relinquishing by a person of a legal right. This involves the contracting party suffering or causing a disadvantage or loss to themselves in order to fulfill their agreement to the contract.When…
What is a DUI Plea Agreement? A plea agreement in criminal law is a deal between the prosecutor and the defendant that agrees to dispose of the case if the defendant pleads guilty. Based on my experience in DUI cases, this is typically referred to as a "Plea". In exchange, the prosecutor will typically give up their right to a…
What is the Preamble of a Contract? While many people have heard the term "preamble" in passing, relatively few actually understand what it means, from a legal perspective. In the context of a contract, a preamble is a section that is contained at the beginning of the document to state and/or summarize the background of the contract, or the purposes…
A Primer on Mediation Agreements Much like any other agreement or contract, a mediation agreement is a document that resolves a dispute between two or more parties. Unlike most contracts and agreements, mediation agreements are unique in that they do not need to be prepared by an attorney or drafted in a specific manner in most situations. Essentially, the agreement…
What Constitutes Suretyship in Law At its most basic, suretyship is a legally binding relationship for the payment of a specific debt or performance of a specific act by one party (the "Surety") to a second party (the "Creditor") in the event that a third party (the "Principal") defaults in its obligations. The Surety assumes the liability of the Principal…