Articles & Insights

In a difficult economy employee layoffs are inevitable. Unfortunately, even when employers must terminate employees out of economic necessity, employers are not immune from lawsuits brought by terminated employees. All an employee requires to file a lawsuit is a willing attorney. Fortunately, there are a few steps employers can take prior to downsizing to discourage post-termination lawsuits. We suggest the following…

If you are an employer in the State of California and use a written contract of employment to define the terms of employment with your employees, there is a good chance that, as a result of a decision of the California State Supreme Court, the contract you are currently using with your employees will not be enforced by the Courts of this state. It may therefore be necessary for you to consider revising your employment contract.

The amount of workers’ compensation that may be awarded to an injured worker may be increased if the injury was brought about by the serious and willful misconduct of the employer or the employer’s managing representative. Serious and willful misconduct is best defined as any intentional act, or failure to act, coupled with the knowledge that serious injury will be the probable result from that act or failure to act.

It is the declared policy of California that there should not be discrimination against workers who are injured in the course and scope of their employment. Therefore, any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because the employee has filed or made known his or her intention to file a workers’ compensation claim, is guilty of a misdemeanor, and the employee may seek extra forms of compensation from the employer.

[LINK TO PDF OF DAILY JOURNAL ARTICLE] [EXCERPT] Allow me to first illustrate the issue with a familiar nightmare story, then let me describe the solution. The story is that of a longstanding family construction business. For decades, the business has been profitable. The owners have built considerable wealth and look forward to a happy and abundant retirement.

One of the most overlooked methods of asset protection for small businesses is found in the registration of trademarks and service marks with the United States Patent and Trademark Office (“USPTO”). Many business owners might presume that their legal rights are fully protected by the mere use of their business name for years. After all, if you’ve been using the name for decades without issue, no one can suddenly come along and force you to stop using the name, right? Well…not necessarily.

Many contractors contentedly accept the insurance policies presented to them by their insurance carriers. However, it is a much better practice to be an active participant in choosing the most appropriate coverage for your business and the specific jobs that you are performing. Use the following tips to be sure your company has the best and most comprehensive coverage.

Many contractors, subcontractors and suppliers are suffering at the hands of those who fail to pay for the work or materials they supply to construction projects. This is a brief outline of ten tips to keep in mind when dealing with delinquent construction accounts.