confidentiality

What Should I Do If My California Business Has Been Sued?

May 13, 2016 | Mark Figueiredo

Businesses are not immune to making mistakes, and many businesses will at some point be served with a lawsuit. Being sued is, without a doubt, very stressful. However, if you find yourself in this situation, you should ensure that you act in a manner that preserves your legal rights and positions while allowing for the best possible outcome. Here are some things that you should consider:

Seek Legal Assistance. Do Not Tackle Business Lawsuits Alone.

Businesses faced with potential lawsuits may not fully consider the potential negative fallout that may occur as a result of the litigation. Some businesses may be very concerned with the expenses that would be required to defend the suit. However, do not make the foolish decision of not obtaining legal counsel.

Important Considerations When Hiring a New Employee

March 25, 2016 | Structure Law Group, LLP

Hiring and retaining employees is critical to success in business. While successfully managing a workforce has many components to it, understanding the basic components of the employment relationship not only protects the company when hiring, but also helps to set the expectations for new and existing employees. Clearly articulating expectations – such as whether the employee is hired at-will or for a fixed term, identifying the main responsibilities of the employee in a clearly articulated job description, informing the employee on the processes and procedures involved in the review process and protecting the company’s intellectual property assets – ensures the employer sets the stage for a successful employment relationship.

Should my Employee be At-will or Fixed Term?

Employees can be hired as either an at-will or fixed-term employee. Unless otherwise specified in a written agreement, all employment in the State of California is “at will,” meaning either the employer or the employee can terminate the relationship at any time with or without cause. While at-will employment gives employees more flexibility in controlling how long they continue to work with a particular company, at-will employment also grants businesses with a greater control in terminating employees. Businesses can fire at-will employees at any time, with or without cause. (Obviously, this is limited to instances in which the business is not committing discrimination.) This is true because no contractual obligation exists between the business and its at-will employee.

The Pros & Cons of Including an Arbitration Clause

June 19, 2015 | Mark Figueiredo

There are pros and cons to including an arbitration clause as part of your contractual agreements. Arbitration is a popular and can be effective forum for settling disputes between individuals, businesses, in real estate contracts and in employment settings under the right circumstances. There are two types or arbitration clauses: non-binding and binding.

Non-Binding Arbitration

In non-binding arbitration, the arbitrator makes a decision to determine which party is liable and then suggests possible compensation for damages. Neither party is obligated to follow through with these guidelines.