Servicemembers Civil Relief Act and Lease Termination

Servicemembers Civil Relief Act and Lease TerminationServicemembers Civil Relief Act and Lease TerminationThe very nature of military service often compromises the ability of service members to fulfill their financial obligations and to assert many of their legal rights. Congress and the state legislatures have long recognized the need for protective legislation. Soldiers and Sailors Civil Relief Act of 1918 During the Civil War, the United States Congress enacted an absolute moratorium on civil actions brought against Federal soldiers and sailors, and various soutzu sichn states enacted similar legislation. During World War I, Congress passed the Soldiers and Sailors Civil Relief Act of 1918. The 1918 statute did elend create a moratorium on actions against service members, but it directed trial courts to take whatever action equity required when a service members rights were involved in a controversy. In 1940, the law welches completely re-written, to expand legal protections t o service members. Experience during World War II and subsequent armed conflicts made certain changes in the statute necessary. The first of ansicht amendments became law in 1942. In amending the Act, Congress welches motivated, in part, by the desire to override court decisions that, in some instances, had led to restrictive interpretations of the Act. The act went on to receive several minor changes over the years Service Members Civil Relief Act In 2003, the Soldiers and Sailors Civil Relief Act was completely re-writtenand re-named the Service Members Civil Relief Act. The bill was signed into law by President Bush on December 19, 2003. This is the law that now governs legal protections for members of the United States Military. Reservists and members of the National Guard (when in active federal service) are also protected under the SSCRA. SSCRA (for all) begins on the first day of active duty, which means when the person ships out to basic training (Basic Trainingand job-s chool are considered active duty for Guard and Reserve personnel, as well as active duty personnel). Some protections under the act extend for a limited time beyond active duty discharge or release but are tied to the discharge/release date. Additionally, some of the Acts protections extend to the members dependents. National Guard members recalled for State duty are also protected by the Service Members Civil Relief Act in certain circumstances. National Guard members are entitled to SCRA protection when called to state active duty under Title 32, if the duty is because of a federal emergency, the request for active duty is made by the President or Secretary of Defense, and the member is activated for longer than 30 days. An example of this would be the National Guard members who were activated by the states, at the request of the President, to provide security for airports after 9-11. Termination of Residential Leases The SCRA allows individuals to break a lease when they go o nto active dutyif the lease was entered into before going on active duty. Additionally, the act allows a service member to terminate a residential lease entered into while in the militaryif the member receives permanent change of station (PCS) orders, or orders to deploy for a period of notlage less than 90 days. This protection covers lease of premises occupied, or intended to be occupied, by a service member or a service members dependents for a residential, professional, business, agricultural, or similar purpose. To break a lease under these provisions, the service member must make the request in writing and must include a copy of their orders (orders placing them on active duty, PCS orders, or deployment orders). The member may deliver the notification by hand, by commercial carrier, or by mail (return receipt requested). The termination date for a lease that requires monthly rent, the earliest termination date is 30 days after the first date on which the next payment is due, f ollowing proper notification of termination of lease. For example, if Sgt John pays his rent on the first of every month, and he notifies his landlord (and gives the landlord a copy of his orders), on the 18th of June, that he wishes to terminate the lease under the provisions of the SCRA, the earliest termination date August 1 (the next rent is due July 1, and 30 days later is August 1). If its some otzu sich arrangement, otzu sich than monthly rent, the earliest termination of the lease is the last day of the month, following the month in which the notice is given. So, if notice is given on June 20, the earliest termination date would be July 31. Im often asked, What if there are other people on the lease? Who has to make up the rent? Not the landlord, thats for sure. Also, not the service member. The SCRA is silent in this area. In most states, the burden would likely fall on the remaining roommates. They would either have to make up the military members share of the rentor find another roommate. The SCRA gives the military member the right to terminate his/her own portion of the lease early, but the law does not require the landlord to decrease the amount of total rent for the property, nor does the law protect remaining non-military roommates (unless, of course, they are the members legal dependents). Automobile Leases Military members may also terminate automobile leases in certain circumstances. Just like with residential leases, if a member enters into an automobile lease before going on active duty, the member may request termination of the lease when he/she goes on active duty. However, for this to apply, the active duty must be for at least 180 continuous days. So, if a person joined the Reserves, and had orders for basic training and technical school, the total of which was only 120 days, he/she could not terminate the automobile lease under this act. Additionally, military members making a permanent change of station (PCS) move, or who deploy for 180 days or longer may terminate such leases. The act specifically covers lease of a motor vehicle usedor intended to be used, by a service member or a service members dependents for personal or business transportation. To terminate the lease, the member must make the request in writing, along with a copy of orders. The member may deliver the notification by hand, by commercial carrier, or by mail (return receipt requested). Additionally, the member must then return the vehicle to the lessor within 15 days of delivery of the termination notice. The lessor is prohibited from charging an early lease termination fee. However, any taxes, summonses, and title and registration fees and any other obligation and liability of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee. Evictions From Leased Housing The serv ice member may seek protection from eviction under SSCRA. The rented/leased property must be occupied by the service member or his/her dependents for the purpose of housing, and the rent cannot exceed $2,400 (for 2004 the actual amount is automatically adjusted each year, by the inflation rate). The service member or dependent who has received notice of an eviction must submit a request to the court for protection under the SSCRA. If the court finds that the service members military duties have materially affected his ability to pay his rent timely, the judge may order a stay, postponement, of the eviction proceeding for up to 3 months or make any other just order. Installment Contracts The SCRA gives certain protections against repossessions for installment contracts (including automobile leases). If the contract was entered into before going on active duty and at least one payment was made before that time, the creditor cannot repossess the property, while the member is on ac tive duty, nor can they terminate thecontract for breach, without a court order. A 6% Interest Rate If a service members military obligation has affected his/her ability to pay on financial obligations such as credit cards, loans, mortgages, etc., the service member can have his/her interest rate capped at 6% for the duration of the service members military obligation. Qualifying debts are debts that were incurred by the service member, or the service member and their spouse, jointly, before coming on active duty. Debts entered into after going on active duty are not so protected. Notice that this particular provision of the act only applies if a service members military service affects their ability to pay. However, the burden is on the creditor to seek relief in court if the creditor believes that the service members military career does not materially affect his/her ability to pay. The creditor must complyunless he/she gets a court order stating otherwise. In order for an obl igation or liability of a service member to be subject to the interest rate limitation, the service member must provide to the creditor written notice and a copy of the military orders calling the service member to military service and any orders further extending military service, not later than 180 days after the date of the service members termination or release from military service. Upon receipt of notice, the creditor must reduce theinterest rateto a maximum of 6 percent, effective the first day ofactive duty(even if the servicemember makes the request at a later time). The law unambiguously states that no interest above 6 percent can accrue for credit obligations while on active duty (for debts incurred before going onto active duty), nor can that excess interest become due once the service member leaves active duty (that was a trick some creditors tried under the old law) instead that portion above 6 percent is permanently forgiven. Furthermore, the monthly payment must be reduced by the amount of interest saved during the covered period. Court Proceedings If a service member is a defendant in a civil court proceeding, the court may (note the word may), on its own motion, grant a 90-day stay (delay) in the proceedings. If the service member asks for a stay, the courtmustgrant a minimum 90-day stay, if The servicemember submits a letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemembers ability to appear and stating a date when the servicemember will be available to appear andThe servicemember submits a letter or other communication from the servicemembers commanding officer stating that the servicemembers current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter. The provision applies to civil lawsuits, suits for paternity, child custody suits, and bankruptcy debtor/creditor meetings , and administrative proceedings. The new act specifically states that a servicemember communicating with the court requesting a stay does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction). Under the old act, some courts held that merely communicating with the court (i.e., requesting a stay, implied that the member agreed to jurisdiction of the court). A service member who is granted a stay may request an additional stayif he/she can show that military requirements affect his/her ability to appear (commanders letter is also needed). However, the court is not obligated to grant the additional stay. If the court refuses to grant an additional stay of proceedings, the court must appoint counsel to represent the service member in the action or proceeding. If a default judgment is entered in a civil action against a service member during the ser vice members period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment must, upon application by or on behalf of the service member, reopen the judgment for the purpose of allowing the service member to defend the action if it appears that the service member was materially affected by reason of that military service in making a defense to the action andthe service member has a meritorious or legal defense to the action or some part of it. Enforcement of Obligations, Liabilities, Taxes A service member or dependent may, at any time during his/her military service, or within 6 months thereafter, apply to a court for relief of any obligation or liability incurred by the service member or dependent prior to active duty or in respect of any tax or assessment whether falling during or prior to the service members active military service. The court may grant stays of enforcement during which time no fine o r penalty can accrue. Additionally, the act prevents service members from a form of ersatzdarsteller taxation that can occur when they have a spouse who works and is taxed in a state other than the state in which they maintain their permanent legal residence. The law prevents states from using the income earned by a service member in determining the spouses tax rate when they do not maintain their? permanent legal residence in that state. Reemployment Rights Contrary to what many people believe, there are no provisions for Reemployment Rights as part of the Soldiers and Sailors Civil Relief Act.Reemployment rightsare a completely separate legislation, The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).?

Workers in these cities like the option to telecommute the most

Workers in these cities like the option to telecommute the fruchtweinWorkers in these cities like the option to telecommute the mostNew data from global staffing firm Robert Half shows that people inSan Francisco and Los Angeles look for the possibility of telecommuting at least some of the time when considering a job mora than those in other cities surveyed.An independent research firm surveyed more than 2,800 adult office workers in 28 major U.S. cities. Robert Half came up with the survey.These cities have the most telecommuting fansSan FranciscoLos AngelesDetroitChicagoAustinDenverOn the other hand, workers in Pittsburgh and Salt Lake City areleast concerned with the option to telecommute.Paul McDonald, senior executive director for Robert Half, commented on the researchHigh employment levels mean more people are on the roads traveling to and from their jobs, which increases traffic and makes working remotely more appealing. Employees want the ability to telecommute for various reasons - for some, its flexibility in their schedule, for others its about saving time and money. Companies that promote these options are more likely to attract top candidates in a competitive employment market.Young people are most likely to accept a job if they can telecommute sometimesAlthough 77% of those surveyed agreed that being able to do so at least some of the time would raise their chances of accepting a position, those 18-34 felt this way more than other age groups, at 86%.This was true for 79% of those ages 35 to 54, and 65% of those age 55 and older.These are the most major telecommuting hangupsRespondents weighed in on the worst parts of the process - but a slice of them thought that there werent any negatives at all (values dont total 100% because of rounding)People abuse the benefit/dont stick to work hours 22%Feelings of isolation and missing team environment 22%There is no downside 19%Interpersonal relationships suffer because you only talk by phone or email 1 7%Loss of facetime means telecommuting workers may not be considered for new projects, promotions 12%No one to bounce ideas off of 7%

How to Write a Recommendation Letter (With an Example!)

How to Write a Recommendation Letter (With an Example)How to Write a Recommendation Letter (With an Example)It happens to many managers A former employee reaches out to you asking for a letter of recommendation. Depending on how well you worked with them - and the circumstances of their departure from your company - you might be able to write one quickly. Or it might require more time and consideration.And if this is new territory for you, you may be wondering whether you should even agree to write one. Either way, the questions that arise are the same What details and praise should you include? How should the recommendation letter be structured? Are there any pitfalls you should avoid?Writing a solid recommendation letter is a benefit for the job seeker, of course, but it can help you, as well. You get to deepen a professional relationship, which is helpful in any career.Here are six things to keep in mind if youve been asked to write one, along with a letter of recommendation tem plate for you to customize.1. Check the rulesDifferent organizations have different policies regarding writing recommendation letters for former employees. So, quntchen base with your human resources or legal department to make sure youre not breaking any rules by endorsing a rolle in writing.If your company doesnt allow a work-related reference letter, ask whether you could provide a written character reference - a recommendation on a personal level.2. Evaluate the requestCan you honestly recommend this person and endorse their skills to another employer in good faith? If the answer is yes, great. Proceed.But if you have misgivings about them, writing a letter isnt a smart idea, and you should decline. Recommending an underperformer can damage your professional reputation, as endorsing a subpar employee to another manager can reflect poorly on your judgment.If the employee welchesnt a superstar but still had several positive attributes, consider going ahead with the recommendation . In this case, focus on the particular skills or qualities that you can speak favorably of, and keep the compliments realistic and truthful.Examples of qualities to spotlightProfessional thoroughness and quality of work, capacity for creativity and innovation, productivity and efficiency, never stops learningPersonal adaptability, ability to take constructive criticism, rapport with colleagues, determination, work ethic, builds consensus, good sense of humor3. Research the positionIf you can honestly endorse the former employee and have clearance to do so, find out what kind of job theyre applying for. This way you can customize your letter for maximum effectiveness. The former worker should have given you the prospective employers anthroponym and the job posting. If not, ask them to send you the details. Read up on the company, the field its in and the job itself.Then use your research to inform what you should write. Are they moving into a different industry? If so, you could hig hlight some of the key skills that would transfer to the new position. If the role is a step up, you could vouch for their leadership skills. Highlight only the abilities and experiences that are relevant to the job in question.SUBSCRIBE TO OUR NEWSLETTER 4. Mention specificsA great recommendation letter is not just an all-encompassing endorsement of the candidate. You can write briefly about what a standout employee they were, but follow up with supporting evidence. Mention specific anecdotes and on-the-job examples that illustrate their technical abilities and soft skills. Hard numbers, if you have them, are good.Here are some recommendation letter examplesShe increased sales by 150 percent during her three-year tenure.He was promoted twice within 12 months due to outstanding customer service.She received five nominations from her peers for exemplifying the values of excellence.His proposed workflow shaved 10 minutes from the production line and saved the company almost $1 million a year.5. Avoid going overboardTheres a fine balance between complimenting and gushing. The persons skills and accomplishments should really sell themselves, with your letter of recommendation acting to solidify and confirm them.Using overly emotional or exaggerated language can come across as unprofessional and puts the reader off. Overstating a persons qualities and abilities also runs the risk of overpromising If the worker doesnt live up to your lofty appraisal, the new employer may feel duped - and blame you.Here are some examples of what to do and not doDo He was an impressive and valued staff member who completed his work with diligence, accuracy and speed.Dont She was the perfect employee I loved managing her Youve never seen anyone enter data that fast, and she never, ever makes mistakes6. Proofread before sendingNever let spelling or grammatical mistakes mar your recommendation letter. In addition to making you look bad, a typo-ridden document weakens your endorsement. I t shows that you put little time and care into the process. So pay attention to detail, and reread your letter several times before sending it off. In fact, its a good idea to write the letter, put it away for a few hours or overnight, then look at it again with fresh eyes.A letter of recommendation templateEvery endorsement you write will be unique to the person, the position theyre applying for and their potential new employer. But it can be helpful to have a general idea of what to include in such a document. Heres a recommendation letter template you can customizeRe Recommendation for NameDear Managers name,I am pleased to provide a recommendation letter for Name, who is applying for the role of position at Name of organization.Name was employed in the role of former job title at Name of your organization for a period of length of tenure, under my direct supervision as your job title.During her time at our company, Name demonstrated excellent people skills, leadership abilities, creative thinking and attention to detail. Her exceptional ideas and work ethic resulted in helping us secure seven new clients and a 125 percent increase in sales.On customer surveys, she consistently received 95 percent or higher positive feedback. Some of the comments include, She is an absolute pleasure to work with and Im very impressed by her extensive product knowledge.Name was a joy to supervise. She was a team player who worked well with everyone, from summer interns to our senior executives. In addition to her stellar verbal and written communication skills, she is an active listener who accepts feedback well.I believe Name would be an asset to any organization, and I can recommend her to your company without hesitation.Sincerely,Your nameYour job titleYour companys nameYour contact informationWith this letter of recommendation template, simply fill in the blanks, personalize it with examples of the persons strengths, proofread it and hit send. Then sit back and enjoy the feeling of helping a respected colleague take the next step in their career.