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by on January 27, 2018 Leave a Comment

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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Filed Under: legal issues Tagged With: ,
by on January 22, 2018 Leave a Comment

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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by on October 13, 2016 Leave a Comment

Can We Learn Something from Celebrity Divorces?

Learning lessons from celebrity relationships might not be on the top of your list, but you can benefit greatly from this – if someone knows about divorces, it’s the famous bunch. The worst part is the media – once the gory details about celebrity marriages get out (whether they are true or not), we get to read about it, cover to cover and it’s none of our business! This definitely doesn’t help the celebrities in question (on the contrary!), making the marriage and divorce all the more difficult. However, taking a look at celebrity divorces can definitely teach us a thing or two that can help us improve our marriages.

divorce

Give and Take in Marriage

The entertainment industry is based on self-focus and self-promotion. It’s just the way it is – celebrities promote either their looks, their skills, their talents or a combination of them. Self-focus is one of the prime reasons celebrity marriages end up in divorces and there’s a lesson to be learned here – in a marriage, you need to focus on yourself, your significant other and your relationship. This is much easier for Average Joes and Janes, than it is so for the celebrities, but it’s often disregarded in “regular” relationships – which is exactly what celebrity divorces can teach us.

Priorities

There’s an everlasting battle between marriages and work – either both, one, or the other suffers. This is because both of the two require dedication and there’s only so many hours in a day to achieve this. Celebrities wouldn’t be famous, if they weren’t dedicated to their work, which is often why their marriages end in failure – celebrities such as movie stars often engage in projects that are likely to ruin their relationships with their friends, family and partners.

When it comes to regular people, however, things are a bit different. Sure, it’s your livelihood that’s at stake, but even if you’re lucky enough to love your job, your job will never love you back. You haven’t committed your life to your job and it isn’t nearly as important as a marriage. At the risk of sounding cliché: money can’t buy you happiness, but happiness will bring you something larger and stronger than money. Always look at the celebrities when choosing what to prioritize – is your job really worth getting divorced?

It’s not the End of the World

On the other hand, celebrities have taught us that ending a marriage is not a crazy thing to do. Divorces are bad, painful and gut-punching, but there’s something worse than separating by law – living in an unhealthy, unhappy relationship. If there’s something simultaneously good and bad, when it comes to marriages, it’s the obligatory commitment – if you love somebody, you’ll have no trouble committing, yet you have committed and given away a part of your freedom.

This commitment is often reinforced by religious aspects of marriages and relationships that should’ve ended with separation end up in a never ending loop of resentment and dysfunctionality. This is exactly something celebrities can help (and have helped) us with – divorces are just as normal as marriages are, and if a relationship turns rotten, you should never shy away from ending it, especially when divorces have been made so easy – filing for divorce in Oregon can be done online can be done online these days, so the whole awkwardness has been reduced to a bare minimum.

Legal Representation

Regardless of how smooth the divorce appears to be going, you never know what waits around the corner. Quality legal representation is a worthy investment that can help the whole proceedings run smoother. Take Tom Cruise and Katie Holmes as a good divorce example – they have both hired quality legal representation and managed to reach a settlement just 11 days after filing for divorce. Naturally, the majority of celebrity divorces aren’t really exemplary, but you can learn a lot from the Cruise-Holmes divorce.

Celebrity divorces are quite common and we often get a lot of insight into them, sometimes even when we don’t want to. The good thing here is outlined in the fact that you can learn a lot from these, what with all the media coverage. Let the celebrity divorces serve as lessons!

Author Bio:
Alex Williams, was born and raised in beautiful Sydney. She is a journalism graduate, and a rookie blogger trying to find her luck. Blogs are the perfect opportunity for presenting herself to wider audience, getting the chance to showcase her expertise and receiving recognition. She is a regular contributor at BizzMark Blog.
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by on September 3, 2015 Leave a Comment

Recover from Business Debt with Chapter 11

Though you may already have some knowledge of bankruptcy filings in regards to individuals, you likely do not understand the differences between a personal filing and a business filing. As the owner of a small or large business, you may have the right to file for a Chapter 11 bankruptcy when you can no longer operate your business because of financial issues. A Chapter 11 bankruptcy gives you the right to file and get help without losing your business. This type of bankruptcy is suitable for a wide range of different companies.

bankruptcy

Who Can File for Chapter 11?

A Chapter 11 bankruptcy is suitable for most types of companies. If you are the sole owner of the company, you can file with the help of a qualified lawyer. You can also file when you jointly own the business with one or more individuals. Corporations also have the right to file in court. When you begin to work with a lawyer and fill out the paperwork, you must explain the type of business you own, if there are any other owners and how you file your taxes.

What is a Chapter 11 Bankruptcy?

One of the first questions you might have before working with Suzzanne Uhland or another dependable business lawyer is what a Chapter 11 bankruptcy entails. Unlike other types of proceedings that require you sell off your property to pay off credits, a Chapter 11 bankruptcy lets you continue running your business and owning property after you file. This is a type of reorganization or a restructuring of your company. This lets you sell off some of your property or assets and find other ways to pay off your creditors. Though you may lose a small amount, you can keep your business.

Why File for Bankruptcy?

Business owners often worry that filing for bankruptcy will look bad to investors and to the general public. Filing for bankruptcy may be your only option or the best option for your company. As the market changes, you may find that the value of your company drops and that you no longer have the customers that you had before. The less money you have coming in, the less money you have to pay your creditors. Those creditors can file lawsuits that results in the court placing liens against your business or assets. Instead of losing your assets, a Chapter 11 filing lets you protect your company and your assets.

Restructuring Your Business

You probably have some concerns over what restructuring your business actually means. Working with a trained protection specialist, you will have the chance to go over everything your business needs, including the number of employees you need and the assets you need to continue operating your business. The specialist will also help you work out payment arrangements with each of your creditors. You can then pay off your debts slowly and over time without losing the valuable things you need to run your business.

Filing for Chapter 11 lets you keep your business and most of your valuable assets while still gaining some protection for the future. You can rest assured that you will have everything you need and that you will have the chance to run your business long into the future when you file.

Image Credits: David Castillo Dominici at FreeDigitalPhotos.net

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by on August 18, 2015 Leave a Comment

7 Things You Should Consider Before Contesting a Will

In the vast majority of cases, wills are upheld without any issues. However, legal experts such as the estate law specialists at The Will Dispute Lawyers know that a will can be contested or its validity challenged if not clearly and precisely written.

last will and testament

Before you attempt to contest a will, you must consider the following things:

1. Check for any ‘no contest’ clauses

In some cases, wills include a clause that sees beneficiaries disinherit assets intended for them if they initiate a challenge to the will. In the event that this clause exists, you will need to evaluate whether it is worth the risk of receiving absolutely nothing from the estate of the deceased. In this circumstance, consultation with a qualified and professional legal professional is strongly advised.

2. Confirm that you have standing

If considering challenging a will, it’s imperative that you have standing to make this challenge. Check the laws and seek absolute confirmation that you are appropriately eligible to pose a challenge to a will. To do this, refer to the laws and conditions applicable to your/the deceased’s home location. It’s advisable that you seek the advice of a professional.

3. Ascertain that your reasons for contesting a will are valid

Be clear about the reason you have for contesting a will. It’s not acceptable to contest a will on a whim; you will need to have a specific, legally acceptable reason. Valid reasons for contesting a will commonly include duress, lack of capacity, menace, fraud and error.

4. Can you prove undue influence?

Successfully proving undue influence is extremely difficult, but it is possible to challenge a deceased person’s will if they faced extensive pressure by another person to enact a change or changes to their will.

5. Is fraud a factor?

Fraud is also complex and difficult to prove. However, if the author of the will was somehow tricked into putting their signature to a will, the will is invalid. If fraud is a factor, it’s possible that the deceased was not informed that the document was their will and was led to believe that it was a deed or other type of legal document.

6. Was the will improperly executed?

Improper execution of a will is determined by the laws of the state in which the will was created. If, according to the applicable laws of the relevant state, a will was not prepared properly or was improperly executed, it could be deemed invalid in court.

7. Did the deceased lack capacity?

A will may be contested if the person who made the will did not have the mental capacity required to think through the issues involved at the time the will was created. If it is possible to prove that the will was made by a person who did not have adequate mental capacity for creating the will, it could be deemed invalid.

Before contesting a will, it is important to carefully consider whether you have grounds to challenge the will. To completely understand your position, rights and responsibilities, it is recommended that you seek the advice and support of a qualified and experienced legal professional and weigh up whether contesting the will is worth the risks and expensive financial costs involved.

Image courtesy of  Mister GC at FreeDigitalPhotos.net

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