There are many reasons why someone will need to hire a franchise attorney. While some of the reasons may seem obvious, not all of them are. Here are some of the top reasons as decided by experts as to why you will need a franchise attorney.
1. Every franchise attorney knows what matters. As a rule of law, every person interested in buying a franchise must be given the Franchise Disclosure Document. This is a document which the FTC feels is essential to delivering all of the information that the franchisee will need to make an informed decision. An experienced attorney such as suzanne cummings will already know this and will be prepared to help you all along the way.
2. An experienced attorney will be able to help guide your decision in regards as to what kind of company you should form. Some people may be better off forming an LLC while other people may need a C-Corporation to help their business matters. The attorney will be able to explain everything in clear English and in non-technical legalese language that may only serve to confuse the franchisee.
3. As much as nobody wants to admit it, sometimes things don’t work out for the business in question. In times such as this, you will be able to get expert advice on the proper and legal way to shut the business down while inflicting the least amount of pain on yourself. The attorney can make sure that any loose ends are tied up and that there will be no hecticness when the time comes to close the business.
As you can see, there are a great many reasons why a franchise attorney is the best way to handle the current business situation of buying a franchise.
The causes of car crashes seem endless. There are plenty of factors that lead to car crashes on the road. It’s the responsibility of law enforcers and insurance company claims adjusters to determine the causes of car accidents.
It’s important on a number of levels to know the cause of an accident and to determine who is at fault. For the law enforcers, or the police, it is essential to determine the cause of an accident because they issue ticket, work with detectives and prosecutors on legal charges, and generally help determine legal liability.
Likewise, an insurance company representative must determine who is at fault in vehicle accidents to know which party, or if anyone at all, should receive a claims payment. Also, it helps them determine how much payment ought to be given to a certain party.
Key Causes of Car Crashes
Why is it important to know the causes of car accidents? Simple: to prevent it from happening to you. Car crashes are unfortunately common in the United States, and they are usually caused by human error. Some consequences are minor, but car crashes in general can result in severe injuries and even fatalities in the worst cases.
The following are the key reasons why there are car crashes or accidents:
A common reason why cars have crashes is because of human error. The worst thing about this is that you only have control over your actions, and not the other driver next to you on the road. Likewise, since you are in control of yourself, what you do affects your driving experience. Ever since cars were built, human error has been the main cause of car accidents.
Another human error that causes car crashes is distracted driving. Apparently, distracted driving is increasing since the emergence of modern technology. On top of that, technology and gadgets are being integrated into automobiles.
For instance, bluetooth players, DVD players, and cell phones are becoming a persistent distraction for most drivers. Most drivers want to multitask, especially when they are in a hurry. Multitasking like that while driving is unsafe and puts your life at risk.
Driving Under the Influence or DUI
Another reason why car accidents happen is because of drivers who are under the influence. Driving under the influence may refer to intoxication by way of alcohol, drug use, and various types of over the counter medicine and prescriptions. Again, this is considered human error.
DUI is against the law, and a lot of drivers commit to this act. Alcohol and drugs impair one’s mind and reaction time, putting you at a higher risk of causing car accidents.
Physical and Mental Conditions
There are plenty of physical or medical conditions that cause serious car accidents. These medical conditions include heart attacks, seizures, strokes, poor vision, and falling asleep while driving. It is crucial to ensure your health and think of the risks, both to you and to others on the road, before driving. If you forget your glasses or you are simply unwell, it is be wise to ask another person to drive.
Failure to Maintain Your Vehicle and Mechanical Failures
There are many reasons why mechanical failure in vehicles happen. There are times when these failures are out of your control. Meanwhile, there are things you can do to prevent or lessen the risk of mechanical failures. For instance, you can maintain the condition of your vehicle. Broken tie rods, bad brakes, and bald tires are a few examples of problems that occur with an unmaintained vehicle. Those mechanical failures can cause car crashes. Thus, it is essential to attend to the issues of your vehicle in a timely manner.
You simply cannot blame the vehicle because your brakes have not worked. They probably failed because you were unable to maintain or fix it even though they have been squealing for a month. Remember, it is your responsibility to maintain your vehicle.
Although this may not seem like a common cause of car accident, sometimes it happens that the vehicle was not manufactured properly. Automakers announce recalls when problems have been detected. However, a recall sometimes transpires when several vehicle accidents have happened. When purchasing vehicles, make sure your vehicle is manufactured properly, and be vigilant with recalls. If your vehicle has been involved in a recall, have it repaired and maintained.
Excessive rain, dense fog, high winds, and slick roads are common problems for drivers. Extreme weather conditions and differences in temperature may generate large potholes that damage a vehicle. A driver can still be held responsible for a car insurance claim even when a car accident was caused by the weather.
Animals are clueless and cannot comprehend the risks they take when crossing the road. Some car crashes occur when a large animal crosses the road while you’re traveling at high speeds. The animal may unknowingly run straight into the side of your automobile or right in front of you.
Some drivers immediately jerk or swerve the car when they see an animal coming their way, which can lead to an even more dangerous situation. It wouldn’t hurt to be cautious when driving, especially on roads where large animals are known to roam. Their unpredictability can be very dangerous to drivers.
Always Be Cautious
There are a lot of perils related to driving. It is essential for drivers to be vigilant, on guard, and cautious 100 percent of the time. Remember the common causes of car crashes and take preventive measures. If you are ever involved in a car accident, schedule an appointment with a personal injury lawyer in case you want to file a claim or if you are accused of causing the accident. Should you need immediate legal assistance for your situation, you may click here.
Joanne Reed has been writing about law and business for almost a decade, and is currently writing her next big law project. She is an avid sports fan and loves watching games if she has free time.
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
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
Company policies alongside state laws
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 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.
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.
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 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.
It’s getting close to biking season, in fact, we have already had a few good riding days already here in Boise. Today, our guest post talks about what you should do in the unfortunate event of a bicycle accident.
Disclaimer: the material presented in the article below should only be considered as a general overview regarding bicycle accidents. Should you or anyone you know, find yourself in a bicycle accident, it’s best that you speak to an attorney immediately. They can help you decide on what the best legal actions are to take.
Bicycle accidents are not relatively common, that’s why it’s hard to get bike accident advice. Most bicycle riders can get confused and feel isolated if they get involved in an accident, and because of this, there’s a big chance that they would make mistakes. And if you’re a bicycle rider who’s been involved in an accident, you must avoid these errors, as they might hurt your case. Avoiding these mistakes might be difficult, especially if after the crash you’re still in shock, struggling to get your life back, or dealing with the injuries. That’s why we’ve put together the key things you should remember legally about bicycle accidents.
You should see a doctor as soon as you can, even if you don’t see or feel any injury. Insurance companies will most likely decrease or decline your claim if you don’t see a doctor. Remember to take down note of your doctor’s assessment of your well-being. Keep every prescription, receipts and medical bills, as these are very helpful when you’re filing for claims.
Before taking any legal action, make sure to hire or consult a lawyer that specializes in bicycle accidents. Hire someone that’ll give an assurance that they’ll be able to guide you throughout the whole process.
Give your lawyer the full details of the accident, and always be honest when giving them your perspective on what happened during the accident. And before giving them any payment, make sure that you and your lawyer have signed a representation agreement, to avoid any dispute between you and your lawyer.
It’s essential that you take down notes of every detail of the accident and people involved in it.
Don’t forget to list these details:
Names and addresses of the people involved.
Driver’s License and Insurance details of the other driver.
Date, Time and Location of the Accident
Details of vehicle(s) involved
There are a lot of causes for bicycle accidents, so no matter what your take on it, never argue with the other driver. If they blame you for the accident, there’s no point in arguing. Consult your lawyer first on what to do; don’t volunteer any information without the presence of your lawyer or try to settle the accident on your own. Doing any of these could result in making things worse, and these might be used against you in court.
Make sure to obtain the details of every possible witness, and ask for their take on the accident. If you can, ask them to file a statement to the police, as this will help your case become clear.
Photos and Videos
Make sure to take photos of the accident, nearby areas, and objects that may have caused the crash at different angles. And if you can, take video of the scene right after the crash. If you have a head cam installed, make sure to save the recordings of the events before, during and after the accident. The photos and videos can be used as reliable evidence if you want to file a lawsuit or claim for compensation.
Right after the accident, make sure to file a police report as soon as you can. This will serve as an impartial report of the incident and will help you determine the extent of the damages. It’ll also help you file the claim since most insurance companies need a police report to release compensation.
Never throw away any items that you had at the time of the accident. Take photographs of the items, and if you have them, gather the pictures of your bicycle before the crash for comparison. Receipts would also be helpful if you’re looking for compensation.
Make a list of:
Names of the items
Extent of the damage
Nobody can ever predict an accident. Bicycle accidents unfold so suddenly that you may not be able to keep your wits. It can be a painful and traumatizing experience that nobody would ever want to go through. And dealing with the aftermath of the accident may be harder. This is why you should remember to deal with it with grace. Just remember to see a doctor immediately, call a bike accident lawyer, take down notes of every detail, never argue with the other driver, look for witnesses, take photos and videos, file a police report, and take note the items you have during the accident. Follow these guidelines, and you may able to claim for compensation or avoid getting sued.
Jewel Spencer is a promising young law enthusiast. Her pieces offer a youthful perspective on common law topics. Jewel is your go-girl when it comes to sports, and she is often seen jogging when she has free time.
Even though you can’t do anything about the post-termination emotions that your employees will feel after you terminate them from the job, you can, however, hopefully prevent a former employee from doing post-termination actions like filing for a wrongful termination suit against you, by following certain procedures.
Know what causes an employee to file a wrongful terminal lawsuit against you.
Any employee will have grounds for a wrongful termination lawsuit against you if they think that they were fired from the job without any good reason. So it is essential that you, as the employer, know what kind of termination actions that may lead your disgruntled employee to file a suit against you.
If you fired an employee in violation of the state or federal anti-discrimination laws.
If the employee thinks that the termination was a form of sexual harassment.
If you fired an employee in violation of the employment agreement.
If you fired an employee in violation of the labor laws.
If you fired an employee as retaliation for the complaint or claim he/she has made against you.
Some of these reasons may subject an employer to statutory penalties, while others will require an employer to provide back pay, reinstatement, compensatory damages, and other relief.
Know the state and federal laws regarding wrongful termination
Establish a termination policy for your employees.
You need to create or establish a termination policy before you start hiring employees.
Create a written termination policy and make it known to your employees before you hire them.
State in there the procedures that you will follow if there comes a time that you are going to let go of an employee.
Make sure to cite situations that could result in immediate termination of an employee such as sexual harassment and threatening behavior.
Keep detailed accounts of your employees.
You also need to keep detailed accounts of all your employee’s disciplinary actions and performance and make your employee acknowledge that you are taking into account his/her behavior performance at work. Letting your employee know that you are meticulously monitoring his/her behavior and performance will most likely prevent them from filing a lawsuit against you if you terminate him or her later on.
Terminate an employee after careful consideration.
You must only terminate an employee after careful consideration. Don’t terminate an employee without exhausting all measures you can think of to get him/her back on track.
If your employee has made an offense, you can issue him/her with a written or verbal warning.
In addition to that, make an improvement plan for your employee.
Give your employee ample time, resources, and proper training to get him/her on track.
If all of these are not enough to bring your employee up to speed, termination is your final option.
Don’t sign any contracts with your employees.
You should never sign any contracts with your employees. The only agreement that you must have with your employees is that “an employer or an employee can dissolve the employment relationship at any time for any reason”.
Contractual employment can lock you into a fixed relationship with an employee that can be difficult to dismiss even if you wanted to let that worker go.
Also, unhappy employees who are under contract can sue you if they think that their contract has been breached or violated.
Give an employee a probationary period before terminating them.
Probationary periods can do a lot in preventing wrongful termination lawsuits after you fire an employee. Let your employee know that he/she is under probationary employment status.
It will be easier for you to fire an employee who is on probation.
When an employee knows that he/she is on probation, the employee knows that his/her employment status is in danger because things are not going too well.
Also, employees who know that they are on probation often leave the job on their own accord.
Having to terminate an employee is never easy. It’s a decision that will leave a big impact on an employee’s personal and professional life. So as an employer, you must be serious about terminating someone from the job. Terminations are an important conversation and should not be taken lightly; it’s one of your jobs as an employer.
Just don’t fire an employee without any good reason or illegally, as it can lead to wrongful termination suits. Wrongful termination lawsuits can prove to be dangerous for your business, and you’ll never want to face the consequences that come with it.
So the next time that you fire an employee be sure to do it legally. Or, better yet have legal counsel on your side every time you terminate an employee to make it as legal as possible.
Disclaimer: This article contains general information on how to avoid wrongful termination lawsuits. For real legal advice in this matter, kindly refer to a qualified attorney.
Nicole Ferrel has spent more than two decades writing about law, and continues to do so writing on her next big thing. She imparts words of wisdom to the common reader with her pieces. Nicole is an avid sports fan and loves watching games if she has free time.
Disclaimer: The information presented below is only meant to give you a basic background of what you should do if ever an employee of yours got injured at your business. This shouldn’t be mistaken for legal advice. To know more about what the law requires you as an employer to do in case any of your employees encounter a work-related injury, you should consult the services of a professional attorney who can provide you with better information on how to deal with such an incident.
Maintaining a business often finds you juggling a lot of responsibilities just to keep it afloat. Good thing you have a bunch of hardworking employees lightening your load so that you can focus on more important things needed for you to smoothly run your business. However, if an employee of yours suddenly gets injured while working, it could stall the day-to-day operation of your business which can then translate to a loss of profits for your business. Thus, you should be able to know what you as an employer have to consider legally if you ever have an employee who got injured at your business.
What Are Some of the Most Common Ways for Your Employees to Get Injured While on the Job?
Different businesses have different sets of risks based on their very nature as well as the capacity in which their employees work for them. However, most businesses share more than one set of occupational hazards that their employees often encounter. Some of those most prevalent work-related injuries are as follows.
What Should You Do as an Employer If an Employee Had an Injury at Your Business?
As an employer, your other main responsibility aside from hiring employees to help you out with all the work needed to be done is to make sure that the place where they’re doing their work complies with your state’s occupational safety and health laws. To further know your responsibilities as an employer whenever you have to deal with work-related injuries, here are some things that the law allows for you to consider if you have an employee that got themselves injured while running on company time:
1. Know the workers’ compensation laws of the state where you have your business.
Most states ask employers setting up businesses there to provide their employees with workers’ compensation insurance to shoulder the costs associated with recovering from any injuries that might occur in their place of work.
2. Let your injured employee seek immediate medical attention.
Your injured employee’s health and well-being matters a lot more than any financial losses that your business might incur as a result of their work-related injury.
If you find yourself doubting whether an employee of yours was truly injured while doing their work or not, workers’ compensation laws at their most basic level stresses that no one’s at fault for any work-related injuries sustained by an employee.
If your business has an in-house doctor, you should allow your employee to have their injuries checked by them as soon as possible.
You can also have your injured employee’s medical leave approved so that they can go visit their preferred doctor instead.
3. Fill out a First Report of Injury form.
For every injury that your employee sustained while working at your place of business, or sometimes even outside of it if you’re requiring them to travel (as long as it’s within their normal working hours), you should fill out a state-based First Report of Injury form on behalf of an injured employee.
You should accomplish at least three copies of the First Report of Injury form: one for your injured employee’s personal records, one to be mailed to the nearest workers’ compensation board office, and another one to be mailed to your insurance provider.
You have to make sure not to forget filling out a First Report of Injury form to avoid being charged with misdemeanor and paying any corresponding fines.
4. Allow your injured employee to recuperate and return to work once they’re physically ready to do so.
Just because an employee of yours got injured while they’re working – regardless if it was their fault or yours – doesn’t mean that you can just summarily terminate them if you feel that they’re holding your business back.
Your injured employee’s workers’ compensation system entitles them to medical assistance at the very least with disability and rehabilitation payments handed out to them as well depending on the severity of the work-related injuries that they sustained.
You shouldn’t terminate an injured employee if there aren’t any grounds to do so to avoid facing either a civil or criminal lawsuit.
Hiring employees to help you do the things needed for your business to run smoothly and efficiently is essential as you wouldn’t want to place all the burden that comes with having your own business on yourself. It follows then that you should also provide your employees with a safe place to work. However, in the event that an employee of yours suddenly got injured while working (even if you certainly wish for it not to happen), you should make sure that you’re following the laws of the state where you had set up your business by giving them workers’ compensation benefits that they can use for such an untoward incident. You should just make sure that your injured employee gets adequately compensated for all the injuries that they sustained while at work so that they won’t proceed with the case with the help of a lawyer.
Don is a law enthusiast who’s had over 25 years of experience in his field. He currently writes for Abels & Annes, P.C. – Chicago and enjoys sharing his experiences with those who want to learn more about the legal world. In his spare time, he spends quality time with his family and friends.