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Many employee hiring and firing decisions can open up a business to litigation. This article points out the litigation risks inherent in what (on its face) is a straightforward, no-hassle decision--the termination of an at-will employee. ...
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When you terminate an employee, when and how should you try to get them to sign a release upon the termination event? This article explains why a simple, brute-force, one-size-fits-all approach is especially bad in this context and points to...
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When your business is sued, no matter how long you have been operating or how big your business is, it can be traumatic. This article points out that it can be much worse if you fail to respond properly. The article provides guidance on...
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What does it mean when you agree to "indemnify and hold harmless" a party with which you sign a contract? This article points out that the implications of those innocuous-seeming words can be pretty scary to a business owner. It details...
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This article concerns the results of a recent lawsuit involving an employer's obligations to an employee who injured their finger at work and ultimately had that finger amputated. The article shares the appellate court's opinion in the lawsuit...
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This article looks at a rogue employee who duped her employer (a law firm, nonetheless) for years about her educational credentials. The credentials in question were a claimed MD from an Ivy League University; although fortunately for the law...
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Andrew Bynum, the talented young center for the Los Angeles Lakers, was recently benched for taking a three point shot during a game. He later announced his intention to continue taking such shots. Three point shots are not Mr. Bynum's...
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As this article explains, theoretically, you can fire an at will employee for any reason (such as the color of the clothes they are wearing); practically, however, taking advantage of this right is a bad idea for a number of reasons. This...
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Small business owners or entrepreneurs who are football fans have likely (unless they are too busy) heard of the unprecedented suspensions and penalties levied by the NFL against the New Orleans Saints over an alleged bounty scheme. This...
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This article continues a series highlighting the various types of misbehavior in which rogue employees engage. This article uses the example of an employee who, although competent, is prone to imbibing over lunch. The article's advice...
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The crash of the Concordia off the coast of Tuscany has been one of the biggest news stories of the month. As this article explains, it is also an extreme case of a rogue employee causing a great deal of damage to his employer (not to mention...
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This article explains some of the perils of employing a family member (or members). The article highlights both practical perils (for example, it can often be difficult to separate business and family ties, and one or the other might be unable...
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The Fed-Ex monitor tosser received a garnered a great deal of negative attention for the shipping giant, as the YouTube video of him tossing a computer monitor over a customer's fence attracted a large number of views on YouTube. This article...
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This article continues a series relating some of the damage a "rogue" employee can do to your business. This entry in the series focuses on the damage embezzling employees can do by looking at a comically foolhardy instance of embezzlement; on...
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Legal fees can be a discouraging expense for small businesses and startups. As a result, many do not seek counsel often enough, which can lead to much greater legal costs in the future. This article highlights another way businesses can...
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This article continues a series providing examples of how employees' behavior can negatively impact your business and your brands. This edition of the series relates the story of a school teacher who earned money on the side by acting in...
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You find out that one of your employees is three months into a pregnancy. Do you react? If so, how? While the legal requirements of having a pregnant employee may not inform your initial reaction, as a business owner, they are...
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Rogue employees can do a lot of damage to your business (and its future prospects). While the obvious example is an employee who goes rogue after being fired, current employees are capable of causing some of the same damage. This article...
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This article addresses your options when you have fired an employee, and that employee responds by going "rogue"--whether by badmouthing you to your customers, publicizing bad things about your business, or any other destructive behavior. The...
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This article reviews a situation which lies at the nexus of corporate and employment law. Many small businesses and startups have shareholders who double as employees. This article relates how, even in an employment-at-will state such as...
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Many employees (especially in sales) receive a significant portion of their compensation via commissions--paying sales employees, for example, for bringing in customers who make purchases aligns the incentives of the employee with those of the...
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This article reviews a recent Massachusetts litigation involving alleged false representations regarding customer volume in the sale of a business. Part of the plaintiff's trial strategy (which ultimately proved victorious) was to paint the...
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Holiday and end-of-year parties are about to begin, and this article serves as a guide to employer liability for employee drinking at these types of parties. The basic variables to keep in mind, if you are an employer organizing one of these...
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Intuitively, terminating an employee who steals from you should be a relatively risk-free termination. After all, the employee has committed serious, possibly prosecutable misconduct if they've stolen from you. However, as this article...
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This blog post by Adam Whitney doubles as legal and practical advice for business owners who face a tough decision about whether to fire an underperforming, older worker. He sets forth an all-to-common scenario, of a valued employee (and...
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Adam Whitney looks at a twist on employee discrimination cases--namely, claims of retaliation for making a discrimination complaint. As he observes, most employers and employees know that overt discrimination based on superficial traits opens...