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Employment Law Tips For Start-Up Businesses

In start-ups or small businesses, business owners face a lot of issues. They are the ones responsible for managing the business, overseeing the accounting processes, recruitment and selection of the employees, and even determining the marketing strategies. Business owners wear so many hats since their responsibilities cover many different functions.

However, business owners can face a number issues when it comes to human resources. They may confuse it with other facets but this article is here to share some information on how business owners should deal with employment law.

These tips are not legal advice but serve as general guidance regarding ways to avoid facing legal action and litigation as well as to protect intellectual property rights.

Distinguish Freelancers or Independent Contractors from Employees

Startups and small businesses alike hire freelancers or independent contractors to complete the tasks that they have not accomplished yet. One of the most common reasons why they hire freelancers is that it lessens the overhead cost. Employers or business owners who hire independent contractors or freelancers are not required to comply with the wage or even the hour requirements that are stated in employment laws. Moreover, medical insurance coverage is not mandated as well.

Yet, what commonly happens is that employers mistakenly categorize their employees as freelancers in order to refrain from fulfilling the obligations mandated by law. In the end, this puts them in possible risk of litigation, which could be very expensive on their part.

But how can employers distinguish between the two?

Freelancers or Independent Contractors Employees
The person has a specific skill that is different from the company or the business itself The company has the overall control and gives the directions as to how the job is done
Expenses on materials and other related expenses are shouldered by the freelancer Employees use the equipment provided by the company
Hours are not fixed, they are free to choose what hours they will be working There is a fixed schedule mandated by the company or guidelines about when work will be done
Skill sets may focus on a specific skill that the freelancer has; usually paid by project Wages are fixed according to the hours to be rendered; termination depends on the company guidelines

 

Consider Creating an Employment Contract or a Non-Disclosure Agreement

Businesses are unique from each other because of what they have, sell or offer as a service. There are particular recipes or techniques that may be quite confidential that would greatly affect the business if word gets out. One of the priorities of the business is to protect these as they may be one of its pillars.

In order to protect confidential information, a provision in the employment contract or non-disclosure agreement (NDA) is specified to instruct the person to keep things private, especially about the work they do. This reduces the risk of potential corporate espionage that could sabotage the whole business.

The contents of the document should also clarify and specify the kind of information that the business deems to be confidential. Some of which could be about the client list, financial statements, product prototypes and blueprints. It may also restrict the distribution of these pieces of information.

#3 Recruit the best

Every business owner aspires to have the best team that would allow them to grow and be the best in the industry. In running a startup, it entails a lot of tasks spanning from advertising, marketing, planning, and even recruiting.

When it comes to recruitment, there are various platforms that companies may use to find them the best candidates for the position. From job fairs, to school career fairs, print ads and even online job sourcing, these platforms may be used to find the best candidate for the vacancy. For higher positions, it is best to use a headhunting firm since they will personally do their best to find the most qualified person for that position.

If hiring is not an immediate need, you may also consider pooling candidates, which will make the selection process easier.

Establish Company Policies and Standard Operating Procedures

Companies have their own way of managing their people, establishing rapport among themselves, and even operating procedures that must be learned by every employee.

Establishing these policies will let the whole team know how will they be able to access the equipment and accomplish tasks properly and will even protect them from possible casualties and abuse from rude superiors. Not only that, but it will also serve as the handbook that would include the fundamentals in the workplace operations. If you’re looking into the possible legal aspects of personal injuries and accidents in the workplace, click here for more information.

What you may include:

Equal opportunity clause Provisions against harassment and discrimination
Policies on sick leaves or vacation leaves Benefits – such as allowance, medical coverage, transportation allowance
Work hours and holiday coverage Employee conduct
Company policies alongside state laws Employment status

 

In starting a new chapter in your lives, getting employed is a phase that most people go through. For businesses, this means that it is critical to provide legal and fair employment arrangements. These are tips that may help you in running your business better and in lawfully seeking new employees.

Timothy Garret

Timothy is a budding law writer who enjoys all aspect of the law industry. He’s currently studying to become a lawyer and is applying his law knowledge into what he writes about. He spends time with his friends and swimming in his spare time.

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Key Tips on How to Help Avoid Estate Litigation

All too often families must endure the pain of losing a loved one, parent, brother, sister, or even a child to a disease or accident and the legal aftermath can result in various conflict amongst relatives and even in-laws. Disputes over inheritances and estates can rupture the relationships they have.

Fights like this can sometimes be about the material possessions that the deceased has left or sometimes about money. One of the things that should be done right away, for everyone, is to create an estate policy that diminishes any possible conflict that may arise between relatives.

Estate Litigation: What Is It?

Planning their estate is something every family must consider to do. There are times that relatives, with  unresolved issues, encounter problems regarding the estate left behind by the deceased. These could be debts, loans, or remaining payouts that were not completed before the loved one passed on. Sometimes the administrators themselves have issues with the heirs or the beneficiaries stated on the will.

Estate litigation is the process of allocating the entire inheritance or legacy to the successors, testate or intestate (with or without a will), in the presence of the court. These may be settled in a simple and uncomplicated manner among all the parties involved as long as they are willing to do it peacefully and rationally.

Causes for Estate Litigation

Most people do not wish to enter in such processes but sometimes it’s necessary and inevitable. Here are some of the most common causes of estate litigation:

  • Feud with creditors – this may be about unpaid loans left by the deceased.
  • Arguments on the will and how the assets are divided – heirs and successors may have disagreements between their shares and this could ignite a litigation.
  • Vitiated consent or undue influence.
  • Financial misuse – administrators and heirs alike may wrongfully use the finances to purchase prohibited drugs or even lavish expenses.
  • Intestate succession.
  • Life insurance.

How Can You Avoid Estate Litigation?

Nobody wants to witness a battle between family members, relatives, and possible friends. But chances are there will be some conflict that will cause emotional turmoil.

Here are some tips that would help you avoid estate litigation:

Prove that you are sane

Living in this world might have introduced you to a lot of people that may have enjoyed your company and your experiences with them have resulted in a lot of memories. These memories may entail crazy moments that would lead people to think that you were simply not sane. Hence, it is important to establish that you are sane and in a proper mental state.

In addition to that, proof may be collected from checkups or medical visits to doctors, psychologists and even psychiatrists that would eventually abolish the suggestion of insanity. Furthermore, this can eradicate any doubt that may promulgate impending litigation.

Deliberate the inequitable distribution of estate

Knowing that someone left an inequitable distribution of estate may be quite a bother and potentially could result in an estate litigation. People do not like unfair treatment and they will do everything in their power to obtain equal treatment and a fair share in things.

In reality, there’s no particular law that mandates equal shares in the estate among the relatives regardless of the degree of the relationship. The heirs may question allocation of shares therefore if you decide to give unequal shares, there must be a sound reason to give to them. Deliberating the distribution of shares may be more acceptable than shocking yoru heirs with the document itself.

Disinheritance

There are times that exclusions may be made as some particular family members or relatives may be perceived as unworthy of receiving a part of the estate. Some may interpret it as a “mistake” yet it can also be intentional. Therefore, it must be carefully and clearly explained so that they understand and comprehend it completely. That way no questions will need to be asked afterwards.

Family Member vs Corporate Administrator to Manage the Estate

Choosing a person to administer and manage the estate may ignite an argument among the family, including the relatives. The best thing to do in order to be able to resolve an issue with the estate manager is to find an impartial third party, particularly an attorney or a treasury, that may aid in avoiding these possible arguments.

Nobody wants to ignite a battle between family members, relatives, or friends that would be about the estate. Estate plans must be carefully scrutinized to minimize emotional turmoil. Drafting a will or an estate plan is best done in the presence of an attorney, who can help reduce potential conflict. If you’re looking into more specific aspects of this subject, such as estate planning, click here.

Kiren Manning

Kiren is a estate law writer who enjoys writing about subject in relation to real estate and law. He has written for a few blogs in the past, and enjoys sharing his knowledge with those who enjoy reading. In his spare time he enjoys spending quality time with those he loves.

 

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Long Term Disability: How to Turn It into Something Positive

Getting sick is something no one can avoid. At some point, an illness or injury can leave a person stricken with a disability that could last a long while. When that happens, a person can suffer from demotivation, tiredness and even depression or other mental health issues. This can be stressful and tiring for family members and their nurses and caretakers.

Most of the time, this can be devastating and can entail a long struggle to get back to positivity. Others take various therapies or attend support groups that allow them to overcome whatever they are feeling.

Legally speaking, there are options for people in need, and they can access benefits just like other people. Whether their disabilities are acquired recently or existed ever since they were born, there are attorneys to help with any necessary legal action.

Working with our law firm would result in obtaining an insurance policy that would be suitable for you and your needs.

Long Term Disability (LTD)

This is a type of an insurance policy that covers an employee or worker from losing income in case there is an event that renders him or her unable to work for a very long time or even for the rest of their lives.

Will You Be Covered by the Policies?

Disability insurance might be able to cover the illness that you are suffering if it’s a long-term disability or a chronic illness. One of the major requirements of disability is proof that it is impossible for you to perform the basic tasks of your job. Here’s a list of the most common types of diseases that may be covered by disability policies:

Chronic Pain & Fibromyalgia Chemical Disability & Mental Health Disability
Substance Addiction and Abuse Carpal Tunnel Syndrome
Head Injuries & Brain Damage Heart Disabilities
Nervous Disabilities Rheumatoid Arthritis

 

If you’re looking into more specific types of insurance, such as disability insurance, you may click here for more information.

Claims Assessment

Before one can be granted claims, the insurance company must be careful in assessing the disability claims by the person. Laboratory results as well as medical records of the patient are the most essential requirement in order to move forward with this.

Attorneys who are experienced in disability claims are able to aid you in preparing and applying for your claims. This claims process encompasses obtaining lab results, doctor’s prescriptions and other patient records that boost the opportunity in getting your disability authorized. But the most important thing is that we can aid you in understanding the conditions of your disability or long-term care policy.

Here are other forms of proofs you may show in order to earn long-term disability benefits.

Full-Time Work

Just like most benefit plans, one of the requirements in order to earn disability benefits is to be able to prove that you were a full-time employee of a company. Accomplishing your work is affected by your disability for at least 40 hours of work every week. However this depends on the company policy and may vary depending on the industry and nature of the business.

Standby Period

If you’ve just developed a disability and accomplishing your tasks has become quite a challenge, some companies give a “standby period,” which means a period of time before an employee can start earning or receiving benefits. This waiting period can span from at least three (3) months up to six (6) months.

In some cases, the standby period may consume up all the paid leave you have (both sick and vacation leaves) available before a certain motion may be placed in order.

Previous Conditions

Before determining your long term disability, you might be examined if there were previous conditions that could have affected your condition at present. Generally speaking, the previous condition may be ruled out and just considered as a disease or an injury that would heal after a while. Some will have been diagnosed and treated even before the long term disability coverage started.

Some situations result in non-payment of benefits for any kind of long-term disability that may emerge from the previous condition that you experienced for the first year of the coverage.

Excluded Circumstances

Before a legal action regarding an LTD claim may be made, it must be assessed that the injury you have is covered by the LTD policy. Moreover, there are some policies that may not include specific illnesses, personal injuries and even accidents at the workplace.

On the other hand, there may be provisions that may have a limit on the disabilities that may be due to alcohol and drug abuse, mental health issues or even conditions in the nervous system.

Every disability can be transformed into something positive that could eventually motivate someone to continue living. Aside from the benefits mentioned above, your life may be a source of inspiration for somebody else who may be going through the same situation as you. It is best to consult and seek professional help in discussing and resolving matters like this.

Disclaimer: This article is for general information purposes only and should not be considered legal advice. The information provided is not a substitute for personal legal advice. You should contact an attorney for advice on specific legal problems.

Andrew Nickleson

Andrew is a passionate writer, writing about disabilities and the law. He has written about many subjects aimed to help those who have questions unanswered. In his spare time he enjoys working on volunteering for those less fortunate.

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Birth Injuries to Your Baby: What You Could Do About It Legally

You’ve been carrying your baby for nine months, and when you were sent to the emergency room for the baby’s birth, feelings of excitement and fear start to take over you. You think that this is the best moment in your life and you just can’t wait to see your baby. The doctor arrived and started to inform you of what will happen. You were then instructed to push, and you immediately obliged. Moments passed, and you can hear your baby crying. It was one of the happiest moments in your life. However, you’ve noticed that your baby has several bruises on her body. Some of the muscles in your baby’s body don’t seem to move either. And you were never warned by your OBGYN that these would happen during childbirth. With all of the things you’ve noticed, you’ve decided to file a lawsuit for your baby’s birth injuries.

You’ve seen how people have filed lawsuits of different kinds and you know that this can be a tedious process. You’ll have to pour out your time and efforts throughout the entire duration of the lawsuit to ensure that you’d win. And you don’t want all your work for the lawsuit to be pointless. You want to win because you want people responsible for your baby’s birth injuries to be sued and pay for the damages they’ve made. To help you attain that goal, read on below to know more of what you can do about birth injuries legally. All of the information presented in this list will help you have a clearer picture of what to expect and what you can do to make the process smooth as possible.

What is your first step?

The moment you suspect your child has birth injuries, seek medical help right away. Some birth injuries are time-sensitive which worsen by the minute so make sure that your baby is attended to right away. You want your child to be better, not her injuries to worsen. After you’re able to seek medical help for your baby’s injuries, you can start looking for law firms which are specializing in birth injuries cases. Working with them will make everything easier for you and you can ensure that you’re exercising all the rights you’re entitled to.

When should you take legal action for your baby’s birth injuries?

Once your baby is diagnosed with birth injuries, you can start the ball rolling by taking legal actions for what happened. You should also start working with your lawyer to ensure that what you’re doing is appropriate for the lawsuit. Inform the hospital about the legal actions you’re doing too. The moment they’ll know about what happened to your baby, they’ll be sending representatives or an insurance specialist to talk with you. These people have in-depth knowledge of birth injuries cases and will generally offer you a large sum of money to cover the damages. While this amount can be large, most of the time, it doesn’t cover all of the medical costs that your child needs.

How can you balance your time between taking care of your injured baby while working through the legal process?

It’s difficult to balance your time during the legal process while you’re taking care of your injured baby, especially if you’re the primary caretaker. You need to be there for your baby during these trying times. Fortunately, there are different law firms out there which strive to work with you by ensuring that you can still have time with your injured baby regardless of how tedious the legal process can get. They’ll make sure that the process is smooth and easy for you, without compromising the time you need for your baby.

How long does a trial take?

Some trials can take up months, while some, years. Everything depends on how severe the injuries and how strong your evidence is. If you have a lot of evidence documented through reliable paperwork, the trial will be faster for you.

What documents do you need as evidence?

Everything involved in the process – names of the medical practitioners who were present during your delivery, the receipt of the bills you had to pay for your baby’s injuries and pictures of the actual bruises your baby incurred when you first saw her. All of these are important for you to have bigger chances of winning the case. Remember to keep all the paperwork that you think is helpful to the case. It’s better to have too much evidence than to present less in court.

As a parent, you would only want the best for your child, and that should start the moment your baby opens her eyes to this world. Yes, your baby might still be innocent, but the injuries she incurred during birth might affect her even when she’s old enough – and you want someone to be held responsible for the damages they’ve made. You’ll have bigger chances of winning the lawsuit once you understand what to do about it legally, and this article can help you with that.

Dianna Charles

Dianna Charles is a promising young law enthusiast that hopes to bring her youthful spirit in her field. She tries to add a refreshing modern take to topics on the legal world that people can learn from. Dianna enjoys her free time with friends and family, and loves to cook for them.

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