Domestic Violence Awareness Month

Coming up in October is Domestic Violence Awareness month. There are a number of programs available to help victims of domestic violence, including Family Justice Centers in both Montgomery and Prince George’s County. In Maryland, a victim of abuse can obtain a protective order 24 hours a day from the District Court Commissioner. This would be an interim order, which would require a hearing for a temporary order shortly thereafter. To obtain a final protective order, the petitioner must prove by a preponderance of the evidence that one or more specified acts of violence were committed.

It is very important to have all the witnesses and evidence, like photographs, available for the hearing. Having an attorney at the final protective order hearing can help to ensure that the evidence is admissible, in other words, that the judge can properly consider it. This can be tricky to do without an attorney. If you are the Respondent, who is accused of committing an act of violence, it is also vital to have representation. There is not much time to prepare, and the consequences can be quite severe as it can impact custody, financial support and even who will be permitted to live in the home.

For many victims of domestic violence, obtaining a final protective order is really the first step in the process, which may also involve filing for divorce, custody or financial support depending on the circumstances. Any order you get will eventually expire, so you will want to seek more permanent relief before that happens.

For more information on Family Law, please contact Heather L. Sunderman at (301) 664-7710 or hlsunderman@mirskylawgroup.com.

 Disclaimer: The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by state and jurisdiction. The information on this blog may not apply to every reader. You should not take any legal action based upon the information contained on this blog without first seeking professional counsel. Your use of the blog does not create an attorney-client relationship between you and Mirsky Law Group, LLC.

Three Items to Check when Updating an Employee Manual

Every 12 months it is a good idea for employers to review their Employee Manual to make sure that their employment policies are up to date, both with the employer’s current protocols and with any changes in the laws in the various jurisdictions where they do business. Here are three items to check when reviewing an Employee Manual.

First, an Employee Manual should make clear that all employees are at-will employees, which means that either the employee or employer may end the relationship at any time. The Employee Manual should make clear that the employer has the right to terminate the employment relationship at any time, with or without case, and with or without notice.  Likewise, the employee is free to resign at any time. The fact that an employee is at-will employee should be stated at the beginning of the Employee Manual, throughout the Employee Manual, and as part of an acknowledgment form that the employee signs when they receive the Employee Manual.

Second, the Employee Manual should contain a clear and conspicuous disclaimer that the Employee Manual is not a contract. This disclaimer should be both in the beginning of the Employee Manual and, again, made part of the acknowledgment form that the employee signs.

Third, many state and local jurisdictions have recently adopted laws that deal with leave benefits. Some of these laws require a certain amount of unpaid leave, while some even require employers to provide employees with paid leave.  In addition, all employer who have at least 50 employees working in a 75 mile radius must comply with the federal Family and Medical Leave Act (FMLA), which requires an employer to provide unpaid leave for specific family and medical circumstances.  This area of the law is rapidly changing and leave polices need to keep up with the new legal requirements.

Of course, these three items are just the start of a long list of items that must be reviewed when updating an Employee Manual. While this process can be time consuming, a well-written Employee Manual can help with workplace efficiency, can assist in making sure that there is consistency in employment policies, and can be used as tool to defend an employer in a lawsuit if an employee brings a claim against the employer.

For more information on employment policies and Employee Manuals, please contact Scott A. Mirsky at (301) 664-7710 or samirsky@mirskylawgroup.com.

Disclaimer: The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by state and jurisdiction. The information on this blog may not apply to every reader. You should not take any legal action based upon the information contained on this blog without first seeking professional counsel. Your use of the blog does not create an attorney-client relationship between you and Mirsky Law Group, LLC.