Archives for January 2018

Effective Procedures to Avoid Wrongful Termination Suits

Disclaimer: This article should not be treated as legal advice. It’s recommended that readers still consult legal counsel and contact a lawyer should they have any concerns regarding wrongful termination.

Working for a livelihood is an integral part of our personal life, and as professionals we strive to maintain a good relationship with our employers and employees. Unfortunately, there really is the possibility of encountering unfavorable circumstances on both sides of the fence and, if unmitigated, could lead to poor performance and even termination.

In certain situations, a former employee can feel that a recent termination has been wrongful, and may even decide to take legal action. In this situation, called a wrongful termination suit, your company’s lawyers may have to decide whether to pursue the case or to try and negotiate a settlement, among other options.


Avoid Confusing Expectations

When it comes to things like work, it’s important to be clear with what we want to happen in the company as this sets the direction for everyone to take. The same could be said when it comes to our employees. If you want to avoid wrongful termination suits, then it’s important that we define work expectations clearly and carefully to our employees.

  • It’s important to have a system that can identify the objectives of the company especially to the kind of performance we want our employees to have. It may help if we advise the employee on whether or not they’re meeting the standards we expect of them. Part of this can be good training and motivation as well.
  • Likewise, when it comes to having to terminate an employee, it might be essential to document the processes involved. This can especially be important if the employee in question is being terminated as a result of disciplinary measures.
  • Keeping records can go a long way when it comes to avoiding any form of litigation, and it serves as proof that there are procedures being followed.

Avoid Thoughtless Termination

In the same token, it’s not advisable to simply “just” terminate employees. If we do want to avoid wrongful termination suits, then we must make sure there are appropriate protocols in place when it comes to terms of termination, and we should make sure these are properly explained to our employees.

  •  For instance, it may be important to remember that being terminated is a form of rejection, and not everyone takes this the same way. It may be important to us to help place the termination in a position that allows it to help the employee understand that while they may be leaving your company, they may be happier with a company that would better suit them.
  • This method may not work all the time, but a bit of positive interaction, empathy, and compassion may go a long way. In fact, it can help if you offer some form of severance or some form of help for a short while. Of course, if you do provide this option, ask a lawyer familiar with these matters if it’s advisable to have them sign a release or waiver in order to collect this.

Avoid Ignoring Liability Insurance

Liability insurance can be quite the expensive option, especially in a climate like today when even the smallest things can cost a lot. However, the cost of liability insurance can be small compared to the stress and financial burdens a lawsuit can bring. This is important to consider as defending a termination can be quite expensive for the employer.

  • In this situation, sometimes it may be better to settle instead of going to court, and a lot of cost benefit analysis and review can come to this. You may ask your lawyer if liability insurance is a good option for you.
  • Try to ask for the right to select your lawyer and try to make sure the insurance company gets your consent first before actually agreeing to a form of settlement. Another helpful tip to be reviewed with a lawyer is to see if it’s more useful to have the coverage as “per claim” instead of “per claimant.”


Avoid Forgetting the Law, Training

Sometimes we tend to forget that one of the best ways to avoid wrongful termination lawsuits is to make sure we don’t break the law. After all, it’s not exactly fun to be accused of wrongful termination if you know you followed all the rules.

  • In fact, it might be helpful to have an employee handbook with all the guidelines employees need to follow. Guidelines and policies that are easy to understand can go a long way when it comes to your defense. Employees should be given a handbook right after they start, and you may be recommended to have them sign a document that indicates they have received and accepted the manual in question. Try to work with someone knowledgeable in human resources and/or employment law as well.
  • Also, try to make sure that your employees have some way of communicating their concerns with you or their direct supervisor. Remember, as managers or employers, we have the responsibility of making sure we open up lines of efficient and effective communication. Protocol on communicating concerns is an integral part of employee training, and understanding these responsibilities and rights may help employees be happier.

Conclusion

As professionals, we all strive for a good working environment in order for us to do our job to our full capacity. Sometimes, we have to accept that there will be situations where we won’t match with the companies we choose. There will also be situations where we, as employers, won’t be good matches with our employees.

What we can avoid, however, are situations where we have to let go of an employee without appropriate protocol in check. Through the help of good company practices and advice from legal and other work professionals, we might actually be able to avoid wrongful termination suits.

Cecille Cunningham

Cecille Cunningham loves writing for the common reader, especially on helping them make sense of various topics on the law. She currently writes for multiple law firms. In her spare time she cooks for his family and friends

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Hiring a Skilled Company to Design Your Website

Do you have a small business that you want to take to the next level? If this is the case, you will need to have an outstanding website that will allow the general public to find out about what your business does. Designing a website can be a very complicated process. It requires knowledge of coding that many people do not have. It would be wise to hire a professional web designer if you do not have the coding skills needed in order to create a great website. However, you need to be very careful who you hire for this task. Not all of the web designers out there have the same level of talent. Here are a few of the things you will need to take into consideration before you make a decision about which web designer you will hire.

web designer
1. How many years has the company been designing websites?

You will need to investigate exactly how much experience the web designer has. It is very important that you do not entrust the designing of your website to a company that just started doing this type of work recently. Your company’s website is much too important to have an inexperienced company overseeing its design. You can find out more about an experienced web design company with a great reputation if you visit www.bluehatmarketing.com.

2. How much does the web design company charge for their services?

The cost of hiring some of the best web companies might be out of your price range. This is why it is very important for you to speak to many web design companies and get quotes from all of them. This will allow you to compare the prices they will charge you if you decide to hire them. The prices they charge will vary greatly. Never assume that they will all charge basically the same thing.

web design

3. Take a look at many of the other sites that the company has designed over the years.

You need to see exactly what the web design company is capable of. The only way that you can truly do this is to look at other sites that the company was involved with designing. Play around with these sites and test out their functionality. How easily do the videos play? Do the sites transition smoothly from one page to the next? Would you like to have a site for your company that looks similar to the ones you are seeing?

4. How long will the job take?

You should then see which web design company will be able to finish the job the fastest. Some web designers are much faster than others.

Photo by Christopher Gower and Igor Miske on Unsplash

 

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What To Consider Legally If You’ve Been Injured In A Vehicle Accident

Disclaimer: This article should not be treated as legal advice. It’s recommended that readers still consult legal counsel and contact a lawyer should they have any concerns regarding vehicle accidents.

As the saying goes, “health is wealth,” and this is not something we should not ignore. It’s our responsibility as people to take care of our body, as this is the only body we’ve got. Likewise, road users such as drivers are also responsible for making sure their usage of vehicles on the road doesn’t harm pedestrians. If you’ve ever found yourself involved, and much worse injured, in an accident, your health is your utmost priority. However, always remember to think about what to consider legally if you’ve been injured in a vehicle accident.

This is because drivers who have caused an accident that resulted in your injury may actually be liable to compensate you for treatment and other costs you incur during the course of the accident. It’s important to be aware of such considerations because this can spell the difference between a difficult recovery and a smooth one.

Don’t Leave, Assess the Situation

vehicle accident
Perhaps one of the most important considerations of being injured in a vehicle accident is to know when it’s okay to leave the scene. It’s advised never to leave the scene unless it’s been said it’s appropriate to do so. This is because leaving the scene can cost you a lot, given you can receive penalties for hit-and-run. Try to reach out to your lawyer or reach out to authorities first, especially if there were people who were injured. Before doing so, try to assess the situation.

  • Check first if the people involved in the incident are injured or worse, killed. Don’t try to give personal medical attention to people who are unconscious, or has pain in the back or neck. If there are people who are injured, try to contact the police and medical attention immediately, as they are best qualified to deal with these injuries.
  • Assess your own injuries, and if there is property damage nearby. Take note of these things while waiting for assistance to arrive. Take photos of all injuries and any visible property damage. This is important as you need to document these later, especially if you’ll be needing compensation for potential treatment.

Make Sure You Get Information

When you reach out to authorities, especially the police, ask that they file a police report when they arrive in the scene. Try to get the badge number and names of the responding authorities in order to get a reference should you need to get more information in the future. In the same token, take note of everything and everyone present on the scene.

  • Aside from the police, try to get relevant information from the people and drivers involved. These include names, addresses, contact details, numbers of license plates and their actual license number. If there are passengers involved, it’s also recommended to get basic information such as numbers, names, and addresses. Remember to be polite, cooperative, and respectful.
  • If there are witnesses, try to get their information as well. If you have the time, ask them if they’re local and, if they are, ask if there are frequent accidents in this area.
  • However, don’t apologize for anything that’s happened, as this may be interpreted as you admitting fault in the scene. This is important as in some states, it may or may not matter if someone’s admitted fault when it comes to who pays for what.

Keep Documentation, Keep Relevant People Notified


After you get your relevant information, try to get documentation on your end. This essential if you’ve been injured in the incident, as documentation can help substantiate your claim.

  • If you have the means to do so, communicate with your insurance company and inform them that you’ve been involved in an accident. When they ask questions, be cooperative and be honest with their questions. You can get in a lot of trouble if they found out you were lying about anything, and you could even lose your claim.
  • The above trouble can be avoided if you carefully keep track of your treatment, should you have to undergo some. Try to make sure you take note of any medical professionals you’ve encountered and received treatment from, or if you’ve been referred by a medical provider to other professionals. If possible, keep a detailed report of the treatments in a journal, and request that you receive a copy of the bills and the reports they provide.
  • While on the scene, try your best to take as many photographs as you can of the scene, yourself, and damages to property and your vehicle. This is best done in different angles, so you have things to show should you be asked about the full extent of the damage.
  • Be extra careful when sharing details to anyone. If you plan on discussing details, ask your lawyer what’s the best way to share them in a way that wouldn’t get you in trouble. If an insurance company asks you talk with them, kindly refer them to your attorney. Be extra careful about settlement offers as well, and consult a lawyer if you’ve been offered one.

If you want to look into the specifics of compensation if you’ve been injured in a vehicle accident, the Department of Motor Vehicles actually has a handy list of tips you could review with your lawyer.

Conclusion

Recovering from a vehicle accident can take time and resources, and as such it’s important to make sure that everything is settled legally so that recovery can be the main focus. Part of this preparation is to know what to consider legally if you’ve been injured in a vehicle accident. It’s better to be aware of the things you need to observe in an accident, especially in a legal sense.

Irene Wall

Irene Wall has been writing about law for more than a decade. She writes pieces on various law topics that she hopes could help the common reader with their concerns. She enjoys playing basketball with her sons during her free time.

Image courtesy of commonswikimedia.org 
and IndypendenZ at Freedigitalphotos.net

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What To Consider In Finding A Good Property For A Business Start-Up

Looking for a good property for your business start-up can be quite challenging. While searching for a business property may not apply to some business entities, it’s still important to know that having the right property can have a massive impact on your business’ success. Here are the considerations you have to take note of when finding a good property for a business start-up:

property for business
1. Type of Property

In most cases, starting a brand new business requires you to purchase a property. However, you can only do this if you’ve already established your business plan.

  • Once you’ve defined your business goals, it’ll be easier for you to determine the type of property you’re looking for for your business start-up.
  • In this kind of situation, you can think of getting an office space or a warehouse, depending on the nature of your business. However, you have to take note that various types of properties have different purchase values based on the location, size and your purpose.
  • If you’re able to figure out the type of property you’re getting to start up your business, you can quickly move forward in fixing your purchase costs.

2. Location of the Property:

In finding a suitable property for your business, thinking through about its location can be an excellent idea.

  • Remember that looking for a property means considering your location’s accessibility and safety. Don’t forget to ensure your property’s security at all times. Make sure that your property’s location is only a few miles away from police stations as well as fire stations for emergency purposes.
  • When starting a brand new business, it’s best if you take note of its surrounding establishments. Bear in mind that your property’s visibility can factor into your business’ performance in the long run.
  • In some cases, a business property which is easily visible to transportation can be beneficial for you and your workforce.
  • Your brand new set-up business can take advantage of some facility requirements if your property’s location is surrounded by relevant neighboring establishments necessary for the operation of your business.

3. Cost of Property and its Taxes:

If you’re searching for a good property for a business start-up, make sure to check how much it costs and the potential tax debts you’re going to pay.

  • Remember that looking and buying property for business is accompanied by payment of taxes. Your tax liabilities, for instance, may vary depending on the assessment. Take note that failure to pay these taxes may cause problems in your possession of the property.
  • However, what’s important here is the on-time payment of taxes. Once you’re delayed in your tax payments, it’s expected that you’ll face additional fees.
  • When dealing with property purchases, planning your monetary obligations should also be one of your foremost priorities.
  • For instance, you can’t move forward with setting up your brand new business if you don’t strategize your financial needs – and part of these are your economic considerations for the property you’ll purchase.
  • That’s why your business will always be on the right track if you think about the cost and taxes of the property you’re going to use for the business.

4. Target Market:

One way of finding a good property to set up a new business is to figure out your target market.

  • In cases like these, you should look for a property in areas where your target market is located.
  • If you want your business to grow, you should ensure that your property is situated in a place where you can make a profit.
  • For that reason alone, don’t forget to include your target market in the things you have to consider when searching for a property for a business start-up. Remember that no customers equals no business.

5. State laws:

You know that state laws differ depending on where you reside. It means that some laws may not apply to all states.

  • Keep in mind that one of the reasons why you’re finding a property is for your business to be set up.
  • While your business is being established on your chosen property, it means that your business is bound to the laws of your property’s location.
  • However, what can be challenging in this type of situation is the possible conflict of laws which will govern your business. That’s why it’s very vital if you decide on these matters carefully to avoid problems in the long run.
  • Be sure to be knowledgeable of the laws that will regulate your property. If you’re uncertain, seek the assistance of a licensed attorney to help you with your case.

Having problems with looking for a good property for a business start-up? You don’t have to worry as we hope that the examples mentioned above can help you in your search for a property for your brand new business.

Helen Newman

Helen Newman is known best by her readers as a law writer who strives to make her pieces informative to those unfamiliar with the law. She writes pieces on various law topics that she hopes could help the common reader with their concerns. Helen lives with her husband and daughter, and loves spending time with them when she’s free.

 

Image courtesy of SarusakiStock @ Freedigitalphotos.net and Pexels

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