A judgment against you in a trial court doesn’t have to be the end of the road. An appeal can be challenged against a judgment, decree, or order before a superior court. But the appeal must pass through several steps. Here, we discuss the major steps for the appeals process.

Hiring an Appellate Attorney

Not all judgments are worth appealing. Too many litigants make the mistake of filing an appeal before hiring an appeal lawyer. Sometimes, you should wait before appealing, or you will lose your best chance of reversing the initial judgment.

A trial lawyer may not be the best person to manage your appeal. Being unfamiliar with the appellate process, the trial lawyer may not know the best ways to secure your appellate rights.

Also, some errors of judgments must be appealed through a motion of rehearing so that there’s a chance for the trial court to rule on the argument. If you do not bring up the issue during the motion of rehearing, you might lose the opportunity to appeal. But a motion of rehearing could extend the time it takes to file an appeal. A good appeal lawyer knows which motion is appropriate for your situation.

Filing the Notice of Appeal

Filing a notice of appeal may seem simple and straightforward. However, without the expertise of a knowledgeable appeal lawyer, you could end up risking your chances of winning. They have a solid understanding of what makes a case appealable. An experienced appeal lawyer understands the difference between a summary judgment, a final order of summary judgment, and an order granting summary judgment.

Record of Appeal

An appellate lawyer takes care when reviewing the judgment docket and the appealed order. The attorney then sits with the trial court clerk to check what needs to be included in the record. Sometimes, the trial court clerks could miss important documents in the standard filings or leave out the required filings altogether. Appeal lawyers ensure that the transcripts of relevant hearings are included because, in some cases, a lack of transcript could prevent appellate review.

Writing the Appeal

Writing an appellate brief isn’t easy. The lawyer must understand that not all errors are created equal, and some could work in your favor while others don’t matter much. The lawyer needs to choose errors that have the potential to change the outcome of the case. An appellate attorney can review your judgment to know what to appeal. The brief must be well-researched, persuasive, and concise.

Oral Argument

During an oral argument, the appellate judge can ask questions they may have about the case. They could seek clarity on the facts of the case, any case laws that have been cited, or public policy issues that have been raised. A good appeal lawyer does not evade the judge’s questions but answers them directly and honestly.

Are you looking for experienced appellate attorneys? Call 888-233-8895 to discuss your appellate case.

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When a defendant is found guilty, he or she can sometimes appeal the decision in appellate court. Though an appeal is not the same as another trial, nor does it have to result in another trial, it can be pursued to point out possible errors made during the first trial.

An appeal simply asks for another examination of certain information that was already used in the case.

In some instances, courts approve the appeal and the case may return to court for a second trial. In other cases, a court approves the appeal and as a result, the conviction is reversed or the sentence is changed.

Even still, in other situations, an appeal is not successful and the court upholds the original conviction and sentencing.

The question, “how often are appeals successful,” will be examined and answered later in this article.

What Does (and Doesn’t) an Appeal Do?

Before explaining the purpose and capabilities of an appeal, let us first determine who can and cannot file an appeal.

A defendant in a civil or criminal case has the right to appeal a guilty verdict. The government, however, does not have the right to appeal a defendant’s “not guilty” verdict. The government or plaintiff side of the criminal case may appeal the sentence imposed after a guilty verdict has been handed down.

That said, an appeal does not automatically throw out a verdict or change a determined sentence. Instead, an appeal reviews the way the court has applied the law in the case. Because it is not automatically a new trial, there is no jury, no witnesses, or new forms of evidence. The court simply examines the facts as they were presented, and determines whether those facts go against the evidence taken into account.

Once an appeal is complete, the result is most often final. That is unless the case goes back to court for another trial or the parties ask a higher court to review the case.

For What Reason Can a Defendant Appeal?

Appeal grounds may vary depending on which state the case is held in, but there are several common reasons a defendant can cite in order to appeal their case’s ruling.

• The facts and evidence go against the judge’s decision.
  Usually, a ruling is based on the evidence and facts established during the trial. If a judge does not rule based on facts and good reason, it may present a good cause for an appeal.
• The judge has abused power.
  If a judge acts in a way that is beyond the court’s discretion and this action affects the judge’s ruling, it may be grounds for an appeal. For example, if a judge “weighs” one piece of evidence over another, and that weight is questionable, a defendant may be able to appeal the possible abuse of discretion.
• The judge has committed a legal error.
  It’s possible for judges to make mistakes. If a judge applies the wrong legal standard to a case, such as using legal requirements for the wrong state, the defendant likely has a good reason to appeal the court’s decision.

Of course, there may be other factors to consider when determining whether a defendant has a good reason to appeal a case, but the above-mentioned reasons are the ones called into question most often.

How Often Are Appeals Successful?

The short answer to, “how often are appeals successful,” is typically, “not often.”

Most of the time, appeals are a long shot, meaning that they do not often end in favor of the party calling for the appeal.

It’s difficult to put a number on how many appeals are successful, but many court professionals estimate that fewer than one appeal out of 10 ends in favor of the appealing party.

When questioning, “how often are appeals successful,” it’s important to consider a few things about the nature of civil and criminal appeals.

Usually, appeals do not present enough information to change the outcome of the case, meaning that the appealing party fails to sufficiently point out any wrongdoing on the court’s behalf.

It can be generally assumed that courts and legal professionals conduct cases in a manner that complies with state and federal requirements.

Therefore it is difficult to prove that the judge abused power, made a mistake, or went against evidence. Most of the time, he or she complied with the law to the fullest possible extent.

It should be noted when considering how often are appeals successful, it isn’t impossible to have a successful appeal. For individuals who are facing a significant sentence, it may very well be worth re-examining the facts and evidence.

When asking yourself, “how often are criminal appeals successful,” it’s good to follow up with, “how often do appeals qualify for approval?”

Some instances that result in a successful appeal include:

• Misconduct from jurors
• Poor jury instruction
• Improper admission of evidence
• Lack of evidence to support the ruling
• Receiving poor legal counsel

If you’re wondering, “how often are appeals successful,” because you’re concerned about your own case, it’s important to work with your legal counsel carefully to ensure that you’re presenting viable evidence.

The court’s purpose during the appeal process is to determine whether errors were made during the trial, so it is in an appellant’s (the party filing the appeal) best interest to thoroughly present the information being questioned.

What Does a Successful Appeal Look Like?

In addition to asking, “how often are appeals successful,” you may want to ask yourself, “how often are planning appeals successful?”

Most of the time, during the planning process, a defendant’s team finds that they do not have a viable reason to file an appeal, so it’s crucial to plan for success.

For your best chance of success, make sure that the following conditions are met.

1. You have reliable counsel representing you (one who understands and has experience in appeals).
2. Your attorney fully reviews the Record on Appeal (the more thorough the review, the more likely it is that valid evidence will be located).
3. Your attorney prepares and files an appeal brief.
4. Your attorney provides a convincing oral argument that clearly lists errors that were made during the duration of your case.

Appealing your conviction and sentence before a court and hearing your attorney’s answer to, “how often are court appeals successful,” may make you feel nervous and discouraged.

However, if a mistake has been made, an experienced appellate attorney will find it and present it to the court to the best of his or her ability.

If you have a good reason for your appeal, you are very likely to be a part of the small percentage of successful cases. This is not to say that you’re guaranteed to get a new trial or changed sentence, but a successful appeal opens the door to those possibilities.

For more thorough, accurate, and informative answers to the question, “how often are appeals successful,” it’s in your best interest to speak one-on-one with an experienced appellate attorney.

By carefully going over your case, a professional can help you determine whether you have a viable reason to file an appeal, as well as the likelihood of succeeding during the process.

It’s always best to work with an attorney who understands the appeal process and knows how to present oral arguments during an appeal.

The appeal process is often a misunderstood and complicated road for a defendant to venture down. The most important steps to take is ensuring you’ve got an experienced appellate attorney who’s well aware of the reasons for appeal approval and can present your case in a straightforward manner.

SOURCES

https://www.justice.gov/usao/justice-101/appeal

https://www.womenslaw.org/laws/preparing-court-yourself/after-decision-issued/file-appeal/grounds-appeal/what-are-typical

https://www.uscourts.gov/about-federal-courts/types-cases/appeals

https://www.justia.com/criminal/procedure/criminal-appeals/#:~:text=Potential%20grounds%20for%20appeal%20in,to%20support%20a%20guilty%20verdict.

https://theappellatelawfirm.com/blog/steps-in-a-successful-appeal/

https://www.lawfirms.com/resources/lawsuits-and-disputes/appeals/winning-appeal.htm

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An appeal is a request to a higher court to review the lower court’s decision. While you cannot add new evidence this time, an experienced appeal lawyer can analyze the judgment for trial court errors. Then they can present them in their brief. Appellate lawyers bring a fresh perspective to the case by searching the trial record for any issues or errors. They see the information that trial attorneys may have failed to analyze. An appellate lawyer, well-versed in the appellate procedure rules, walks through various steps before presenting an appeal to the court. Based on the written briefs, the appeals court decides whether to affirm or reverse the lower court’s decision. Here are a few reasons to hire appellate attorneys and get the favorable outcome you deserve.

• Appellate lawyers are experts at identifying trial court errors. Not being a part of the trial court argument gives them a chance to be impartial when deciding what to appeal and what to discard. This is very important because adding too many issues to your briefing dilutes the argument and even can negatively sway the appellate jurists.
• Just as appellate lawyers and trial lawyers approach a case differently, trial and appellate judges also confront issues differently. For example, a trial judge is laser-focused on facts. However, appellate jurists rely on the brief to understand a case. For appellate judges, implementing the standard of review is extremely important. They also have to ensure that their judgment does not set a precedent and create confusion at the trial level. Nobody understands an appellate judge’s mindset better than an appeal lawyer.
• An appellate procedure involves following several procedural regulations. Not following them could put your client in a precarious situation. Appellate law also consists of knowing the best arguments and writing briefs to present them before the judges. Having a specialized appeal attorney by your side can help to navigate the procedure easily.
• An appellate lawyer has the required skills to isolate issues from the trial court record and make persuasive arguments. It doesn’t mean that an appellate lawyer will always win. However, a practitioner with a good reputation will capture the sincere interest of the court.

If you want to appeal to the appellate court, contact appellate lawyers from Brownstone Law Firm. Give us a call at 888-233-8895 to discuss your appellate case.

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It’s not easy to accept a judgment when you lose a case. Sometimes there are valid reasons to want to appeal the decision. When you are thinking about appealing a ruling, consider whom you will have representing you. Should you stick with your trial lawyer, or is it better to get an appellate lawyer to handle your appeal?

Trial lawyers are undoubtedly good at negotiation. They have great interpersonal skills, are master storytellers, and excellent cross examiners. Having been involved in the case from the start helps them understand the bigger picture. Plus, they are intimately familiar with the case’s details, including their clients’ and opponents’ strengths and weaknesses. But, despite these advantages, they are not the best people to pursue an appeal. Here’s why:

A Fresh Perspective

Trial lawyers can run the risk of having a tunnel vision that prevents them from pursuing a case from a different angle or exploring other theories. Some of the facts and details discussed during the trial may be irrelevant in the appellate court. It’s no wonder appellate judges often complain that trial lawyers end up rearguing facts turned down during the trial.

With their impartial perspective, appellate lawyers can bring a fresh set of eyes to an issue. They do not have preconceived notions or past experiences with the case, allowing them to spot overlooked problems. The client also gets an objective assessment of the merits of an appeal.

Trial Versus Appellate Lawyer Skills

Appellate litigation requires strong analytical skills. Appellate attorneys sieve through trial records, however voluminous, to look for appellate issues. When evaluating an appeal, the most crucial consideration is to understand the standard of review. Since an appellate court shows great deference to a trial court’s decision, understanding the standard of reviews will greatly influence success. Some legal issues are reviewed de novo, meaning from the beginning. In such cases, the appellate court takes a fresh look, without deference to the trial court’s decision.

Also, appellate attorneys are experts at writing appellate briefs. Writing an excellent appellate brief is the key to winning an appeal. Arguments must be conveyed crisply and concisely, and you can’t afford to use the wrong wording. The arguments must be strong enough to stand through the appellate jurist’s and opposing attorney’s laser-sharp focus.

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Being convicted in a criminal case can cause some serious consequences in your personal and professional life. You may lose privileges, such as driving, voting rights, and much more. You will end up paying thousands of dollars in fines and go through longer prison terms if you are convicted of a more severe felony. The good news is that the constitution gives you the right to appeal your conviction in a higher court. You can use a highly qualified criminal appeal lawyer to appeal the case. If there are any legal errors found in the lower court’s decision, the conviction and sentence will be reversed. Here are some tips that can help you maximize the chances of winning a criminal appeal.

Grounds for the Criminal Appeal

The defendant who appeals to the appellate court must know on what grounds the appeal can be filed. The appeal should be purely based on law and not on facts, as the jury decides the facts. The criminal appeal can be filed for sentencing errors, false arrest, incorrect jury instructions, improper admission of evidence, lack of evidence or exclusion of evidence, jurors’ misconduct, ineffective assistance of counsel, and prosecutorial misconduct. Your appeal must show that because of any of these issues, the defendant was convicted guilty.

Hire an Experienced Criminal Appeal Lawyer

You need a qualified and experienced criminal appeal attorney to win the appeal. They will have to decide on the grounds for appeal and file the notice of appeal to oral argument. Make sure your attorney has handled similar cases in the past and has a high success rate.

Collect All the Transcripts and Evidence

To increase your chances of winning, you must have proper evidence to substantiate your grounds for the criminal appeal. It’s essential to gather the court transcript to present it to the court of appeal.

File the Appeal on Time

After you have figured out the grounds for appeal, it’s time to file the notice of appeal at the trial court within the window period of 30 to 60 days, depending on the crime’s seriousness. The notice of appeal informs the court and the appellee that you seek a review of the case. Then both parties will file the appellate brief.  Sometimes, the appellate court makes its decision based on the briefs. If they are not sufficient, the courts then hear the oral argument.

The judges of the appellate court will go through your brief and listen to the arguments and come up with the decision to reverse or affirm the conviction. If the court affirms the conviction, you need to discuss with your criminal appeal lawyer to find out the next step.

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Any conversation about civil liberty and constitutional law is incomplete without discussing the concept of habeas corpus. This Latin term means “you have the body,” but what does it mean in terms of the law, and why is it important? Read on to know the answers to these questions and more.

What Is Habeas Corpus?

Habeas corpus is a common-law writ issued by the court, commanding a public official to produce a person in custody or restrained before the court. The principle behind the writ is that no person should be confined in prison or restrained before being presented to the court and without following the due process of law. It is the court’s job to decide if there is a valid reason to detain the person.

The History Behind Habeas Corpus

While not much is known about the origin of the concept, historians believe it may have been established during King Charles I’s reign in the 17^th century. It was likely intended to make sure Catholics were not illegally imprisoned in the lower courts. The writ of habeas corpus was established as a statute in the United States through the Judiciary Act of 1789.

How Does the Writ Operate?

A writ of habeas corpus can be filed by the confined or restrained individual or someone on their behalf. The court can demand the public official deliver the individual before to court and determine if such confinement is legal.

An individual in jail and unable to make bond has the right to file habeas corpus. Sometimes people who have made a bail pretrial but are subject to bond conditions like driving restrictions or curfew also have the right to file a writ. If a person has pleaded guilty in a plea bargain and has received a suspended probation sentence with specific conditions, it is also restricted.

Today, the habeas corpus writ is mostly used for post-conviction proceedings by state and federal prisoners, challenging the application of federal laws used during a judicial proceeding. It is also used to challenge immigration and deportation cases, military detentions, and convictions in a military court.

Why Is The Habeas Corpus Important?

A 1992 Supreme Court ruling hailed the writ as a “fundamental instrument that safeguarded individual freedom.” It protects citizens from arbitrary and unlawful state action. It is primarily a writ of inquiry that tests reasons for confinement and restraint and orders immediate release if there is no sufficient legal reason for such confinement.

But it does not examine if the petitioner is guilty or innocent. Instead, the writ restricts its reach to reviewing the correctness of the public official’s decision to detain the person.

If you plan a file a habeas corpus petition for yourself or on behalf of someone else, you need representation from skilled appellate attorneys. We have the experience to help you.

Call 888-233-8895 to speak to a federal appeal lawyer for a free, no-obligation consultation.

 

 

 

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Writing an appellate brief is a part of every law school’s training, and students are required to practice writing briefs in the first year of college. Yet, there is a subtle art to writing a successful appellate brief. An ineffective brief could be an important reason for a lost appeal. Our team of top appellate lawyers has written thousands of briefs over the years and knows what it takes to write a good brief.

Trial Attorneys Are Not Necessarily the Best People to Write a Brief

It’s difficult to find a trial lawyer who has the expertise that goes into writing a good appellate brief. They often equate the content with that of a jury speech and address appellate judges as they would address a trial judge or even jurors. Such briefs are usually filled with irrelevant rhetoric that serves no purpose. Some trial lawyers understand the nuances of an appellate brief but fail to present their arguments effectively.

A Good Brief Has Arguments that Are Presented Well

The appellate brief is always framed within the standard of review and contains all the necessary facts and law, providing sufficient background information. It also explains the relief that’s requested. The brief must have a logical flow with an analysis that’s easy to follow without missing any essential points. The relevant law must be mentioned to allow the judges to decide on the raised contentions. It must cite all relevant cases whenever possible. You may also provide attachments to supplement the brief. For example, if you claim that a statute has changed, make sure that a copy of the older statute is attached. Similarly, rules and regulations relevant to the brief must be attached because they help save time.

The Facts Are Presented Briefly but Precisely and Persuasively

Facts must be presented precisely and effectively, giving the law clerks and appellate judges the background and presenting facts they need to understand and analyze. The points must refer to the Record on Appeal because law clerks and appellate judges always refer to the record sites while examining the brief. Experienced appellate attorneys also prefer to catalog and mark exhibits rather than haphazardly presenting them.

Appellate Attorneys Understand the Nuances of Writing Briefs for Different Appellate Courts

Appellate judges in an intermediary court usually restrict themselves to analyzing trial court judgments based on existing laws. They do not generally involve themselves with factfinding. Arguments based on factfinding are best reserved for trial courts. Similarly, arguments related to change of public policy or public law is best left to the Supreme Court.  Appellate attorneys preparing a brief for the federal court know that they must refer to the Federal Rules of Appellate Procedure and the local rules of the court when the appeal is being made.

Most importantly, appellate attorneys must follow procedural rules that govern appeals. There are instances where briefs have been rejected because they contained too many lengthy footnotes. Sometimes briefs are dismissed because they’re too long and sometimes because there’s too much material in the brief.

If you are looking for experienced appellate attorneys to file a criminal or civil appeal, visit us!

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A criminal conviction can have severe implications on your personal and professional life. It could mean thousands of dollars in fines, imprisonment, court fees, and even loss of a professional license. For serious offenses, you could lose voting rights, firearm privileges, and could be sentenced for a lengthy prison term. Are you looking for criminal appeal lawyers in Georgia? Read these tips to choose the right attorney and improve your chances of success:

Values Time

During a criminal conviction, time is of the essence. Maximizing your chances of winning a criminal appeal largely depends on filing the proper paperwork with the appellate court within the given timeframe. For example, the notice of appeal with the appellate court must be filed within 30 days of the judgment made at the original trial court. If the criminal appeal lawyer fails to do so, the court can throw the appeal even before it is heard.

As soon as you contact the appeal lawyer, he or she must respond promptly. As soon as you reach the lawyer or fill out the online contact form on the lawyer’s website, you should expect someone from the lawyer’s team to get back to you quickly.

Experienced

Naturally, the criminal appeal lawyer you choose must be qualified. But experience is also an important consideration. Make sure that the attorney has plenty of experience in handling appellate cases. Your lawyer must understand the nuances that differentiate between trial and appellate courts. The attorney must know the basics of criminal appeals and must be honest enough to explain the possible consequences of losing or winning the appeal. They must also advise about the penalties associated with the charges against you.

Experience also determines confidence. Criminal cases move fast, and a few seconds can make a significant impact on the case. During the initial interview, check the lawyer’s appearance. His or her confidence and experience are often apparent throughout the interview. You must like the way the appeal lawyer presents himself or herself because your lawyer is going to speaking for you.

Understanding When to Appeal

Not all aspects of your case can be appealed. For example, you can only file convictions related to sentencing errors, errors of law, or miscarriage of justice. If the counsel offers ineffective assistance, if the evidence was excluded improperly, or if jury instructions were given incorrectly, you can always file an appeal.

 

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If you’re not happy with the judge’s order or decision in a court trial regarding a criminal or civil case, you can, in most cases, request an appeal in an appeals court. There can be several grounds for appeal. For instance, you may appeal a case citing an error of law in prior proceedings. Such errors could be related to misinterpreting a legal precedent or using evidence that should not have been included. You could also make an appeal claiming procedural matters weren’t followed correctly, compromising the fairness of a trial. If you are planning to appeal a civil or criminal court judgment, here’s everything you need to know:

1. What Are the Various Grounds for Appeal?

Appellate attorneys can appeal if the judge has not followed the proper procedure of law like instructing the jury, handing testimony of the witness, or other mishandled procedures. Appeals can also be made if the judge has misinterpreted a hear-say rule or included testimony that should have been excluded during the trial. Sometimes, the judge may have misapplied a principle of law or applied a statute that does not apply.

For example, a criminal appeals lawyer may hire a forensics expert to make sure blood samples, DNA samples, hair samples, and other pieces of evidence were not mishandled. In a civil appeal, the appeals lawyer may hire financial experts and even handwriting specialists to check if any information earlier submitted during the trial contradicts any statements.

2. What Is an Appellate Brief?

An appellate brief is a statement made by the appeals attorney arguing that the decision in the trial court was incorrect. Naturally, the party who won the case in the trial court will defend the judge’s decision.

3. How Does the Appeal Attorney Determine the Decision in the Trial Court Was Wrong?

Appeals attorneys refer to the record, i.e., elaborate documentation of the proceedings that took place during the trial. This includes pleadings, the pre-trial motion, exhibits that were put up as evidence, a transcript of the court proceedings, post-trial motion, and other relevant information.

4. Why Should You Choose Experienced Appellate Attorneys?

An experienced appeal lawyer understands that the success of an appeal largely depends on thoroughly scrutinizing the record to get critical evidence. Appeal procedures are complex and require expertise when filing and arguing appeals. Penny pinching isn’t advisable when looking for an appeals lawyer. A successful appeal often depends on writing an excellent brief, so choose a lawyer with a reputation for excellent oral skills and who understands the various cases related to your appeal.

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From giving proper advice to employers on how they should respond once an employee tests positive for coronavirus to helping them counselling employees afraid of contracting it through the workplace. Top appellate lawyers work around the clock in order to help clients navigate the unexplored legal waters that are sparked by the swiftly spreading COVID-19. Some law firms have designed multidisciplinary task forces so as to assist clients, both domestic as well as international, to tackle the myriad of challenges posted due to this pandemic.

These top appellate lawyers alongside firms are helping all others while grappling with the substantial effects of coronavirus on their day to day operations, for instance, the need to close their offices and employees working remotely. Numerous companies have also embraced the pandemic’s long term economic effects that could lead to a boost in the demand for legal services while at the same time depressing the market for all others.

Lending a Helping Hand to Employers

There are several employers who have inquired regarding how they should treat those employees who have tested positive for COVID-19. Our top appellate lawyers recommend that employers make sure they are taking all the necessary precautions and actions when it comes to determining which employees must be required or requested to self-quarantine. If an employer decides that any employee cannot enter the workplace, the employer must ensure that he/she remains in compliance with all the other laws that might come into play, for instance, the federal Family and Medical Leave Act.

The FMLA, for instance, requires employers with more than fifty employees within seventy-five miles of the business’s worksite in order to provide employees with a job protected, unpaid leaves for specific medical and familial reasons. Employees who take the FMLA leaves are allowed to receive the same health coverage from their employers just as they were before taking the leaves.

Your employer plan should include the following:

1. A report of how the business of the company is going to continue during a temporary closing, government lockdown or leave.
2. A remote work from home policy that helps the continuation of all your business’s operations.
3. Extra cleaning or decontamination services, alongside the provision of soaps, hand sanitizers and antiseptic wipes to make sure your workspace is safe.
4. Incessant communications with the employees that provide latest, most accurate information on all best practices along with precautions for protection against COVID-19.

GUIDANCE FOR EMPLOYEES AND HEALTH CARE INSTITUTIONS

Some of the Top appellate lawyers representing employees state that they too have been fielding a solid stream of queries regarding the implications of COVID-19, in particular relating to the safety of their workplaces. It is advised the employees who are worried about the symptoms they are experiencing should request their employers to provide reasonable accommodations as per the law.

 

 

 

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