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Cumming Legal Issues Blog

Consider employee classification when business planning

Being a business owner means that one has to make a lot of difficult decisions. Knowing what is best for one's company in the long run is not always easy. One thing that company owners in Georgia and elsewhere have to consider when business planning is how they will classify their employees. Failing to properly classify one's employees can cause significant issues down the line.

The importance of employment classification has come front and center in a recent federal lawsuit filed against United Van Lines. This case was filed in another state by a man who has worked for the company for over a decade. He claims that he was classified as an independent contractor rather than a full-time employee. With this status, United Van Lines was able to avoid paying him overtime and was even allowed to force him to pay many job-related expenses out of his own funds.

Facing marijuana drug charges in Georgia: What are the penalties?

While marijuana is legal for medicinal use in Georgia -- in the form of cannabis oil -- possessing the drug without a prescription, possessing too much with a prescription, illegally cultivating and distributing the drug are all considered crimes under current state laws. The penalties for these drug charges can be rather harsh. However, certain offenders may be able to seek alternative sentencing options.

Criminal charges surrounding marijuana are typically broken down into three different categories: possession, medical marijuana and sale/trafficking. The penalties for all three range in severity depending on the amount of the drug a person is found to have in his or her possession. The current penalties for the following drug charges are:

  • Possession: Misdemeanor charge if found with less than 1 ounce, punishable up to one year in jail or $1,000 fine. Felony charge if found with more than 1 ounce, punishable up to 10 years in prison. If one is carrying over 10 pounds of marijuana, this is considered a trafficking offense.
  • Sale/Trafficking: Felony charge if one is carrying 10 pounds or less, punishable up to 10 years in prison. If one is carrying any more than that is also a felony offense, punishable up to 15 years in prison and mandatory fines of up to $1 million.
  • Medical Marijuana: possession laws apply to those found carrying cannabis oil without a prescription, to those who are eligible but are carrying more than 20 ounces of the oil and to those individuals in possession of a whole plant.

Actor Jesse Williams fighting for joint child custody

It does not matter if one has achieved celebrity status when it comes to fighting for time with one's children. Child custody issues often accompany divorce in Georgia and elsewhere, regardless of a couple's social or economic situation. This is something actor Jesse Williams is supposedly finding out.

According to a recent report, Mr. Williams is supposedly in a heated battle with his soon-to-be ex-wife over how much time he should get to spend with their two children. He is seeking joint custody, but he claims that his wife is restricting the time that he is currently getting to two and a half hours daily and no overnight stays at his residence. He claims that he has always been very involved in the lives of his children and would like that to continue.

3 tips for getting custody of your child

While you go through a divorce, you probably worry about custody of your child. Are you going to be able to see your child at all? Is it possible to get sole custody? These questions can cause you to stress out and lose sleep, but there are answers.

Above all else, Georgia courts prioritize the best interests of your child. Continue reading for help showing the judge you deserve custody of your child.

Georgia business litigation: Accused of wrongful termination

When a person is let go from his or her job, it is normal for them to question why. Some even look for reasons to claim that they were wrongfully terminated. Not saying that there are not valid wrongful termination cases filed, there are, but sometimes employers in Georgia and elsewhere are falsely accused of illegal firing practices. They then face business litigation lawsuits that could drastically hurt their companies. What are some reasons that an employer cannot fire an employee?

First, let's talk about immigrants. It is illegal to fire someone based on his or her immigration status if he or she is legally eligible to work in the United States. This is a protection offered under the Immigration Reform and Control Act.

Repeat drunk driving charges could land you in a lot of trouble

Are you facing a DUI charge? Do you have more than one on your record already? If you do, you could face serious penalties if you are convicted. Repeat drunk driving offenses are no laughing matter, and prosecuting attorneys in Georgia will do all that is necessary to seek maximum punishment in such cases. As this is the case, having an experienced criminal defense attorney at your side could prove invaluable.

Driving while impaired by alcohol is a serious offense. It does not matter if you did not hurt anyone, if your blood-alcohol level was just over the legal limit or even if your BAC was below but your driving was reckless, you could face a number of penalties that could greatly impact your personal and professional life. This is particularly true for repeat offenders.

Nesting can keep things somewhat normal for kids after divorce

When parents decide to split up, the people often hurt the most are their children. Divorce is simply hard on kids, and that is why some parents are willing to take certain measures to make the it as easy as possible for them.  This is where nesting comes into play. This is not an arrangement that works for everyone, but for some families in Georgia it may be the answer.

What exactly is nesting? After most divorces, children are shuffled around to their parent's new homes. In a nesting arrangement, the children remain in the family home and it is the parents who have to do the shuffling. Each parent will have his or her own new residence and when it is his or her time with the children, he or she will stay at the family home with the kids.

Georgia woman facing felony charges after DUI-related wreck

On the evening of May 28, a Georgia woman crashed her car and injured herself and her young son. Police believe impairment contributed to the accident. As such, she is facing various felony charges.

According to reports, while heading southbound on Helen Highway, the 35-year-old drove her car off the right side of the road and then overcorrected. This caused her vehicle to pass through the northbound lanes and go off the other side of the road and down an embankment. Her vehicle finally came to a stop after it hit a tree.

Let a family law attorney help you through the adoption process

If you are thinking about adopting and have looked into how it works, you may feel overwhelmed by it all. While there are thousands of children in Georgia and across the country, and many more around the world, in need of good homes and loving parents, getting through the adoption process successfully is rather difficult. This is something with which a family law attorney can help.

Adoption requires more than just filling out forms and waiting for a child. It generally involves caseworkers, home studies, court hearings and a lot of money. There are many different types of adoption as well. Figuring out which type best fits your needs can be a bit confusing.

Business litigation: Handling claims from former employees

Being a business owner in Georgia or elsewhere is not without its complications. One has to make hard choices and sometimes those choices may come back to hurt one later. Firing an employee, for example, could result in one dealing with a business litigation issue down the road if the reason behind the firing was questionable.

Falcon Crest Accessories, Inc. -- a company in another state that sells aircraft components -- was recently sued by an employee that was fired earlier in 2017. According to the plaintiff's complaint, he says that he was fired without reason after filing a workers' compensation claim. His, allegedly, wrongful termination came about four months after he fell on a pipe while at work and injured one of his shoulders.

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202 Tribble Gap Road
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Cumming, GA 30040

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