Employment relationships are presumed to be “at-will” in all states except Montana. In general, an at-will employment relationship means that either the employer or the employee is free to end the relationship at any time and for any reason (or no reason) at all. However, “wrongful termination” is a major exception to at-will employment. Common law…
Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements…
Many people often assume that they don’t have an “estate” worth planning or that their families will take care of everything when the need arises. On the contrary, everyone, regardless of their net worth, requires comprehensive estate planning in order to ensure that their wishes are executed and their families are adequately provided for. As…
Often so very misunderstood, and generally regarded in some quarters as “playing dirty, “the concept of asset protection is sometimes one of last resort for a business owner. However, in truth, asset protection planning is essentially risk management planning designed to discourage a potential lawsuit before it begins, or to promote a settlement most favorable…
The “ACTION” items below are critical to the continued success and growth of any business. Protect Your Business Name and Trademarks : Building a powerful and meaningful brand is a top priority for most small business owners. Unfortunately, protecting that brand from infringing, unscrupulous competitors often takes a back seat when we are overwhelmed with…
I always suggest a course of continuing education where asset protection principles are concerned. Because your education is never really complete and should be ongoing nevertheless ,here are some BEST ASSET PROTECTION principles to carry around in your wallet: Inventory Everything. Make a complete list of your assets and debts. It’s a good idea to do…
The Unfair Competition Law, codified as Business & Professions Code Section 17200, provides for injunctive and other relief for any business practice that is “unfair,” “unlawful” or “fraudulent.” What is Unfair? An unfair business practice is one that has the tendency to deceive the public. Courts have struggled to come up with some sort of formula…
The limited liability company combines the limited liability advantage of a Corporation with the protection of your ownership interest. Yet, there are essential reasons you should prefer a Limited Liability CO. (LLC) or corporation to the Limited Partnership: – As with an S corporation, you can avoid double taxation with a Limited Liability Company. And, the Limited…
I am often asked how liability insurance is different from entity liability protection. Liability insurance is purchased from an insurance company to cover claims against the business. Business entities such as limited liability companies (LLC’s) and corporations provide limited liability protection, which prevents creditors from seizing the business owners’ assets. Business owners do not realize…
Most marriage-oriented trusts postpone payment of estate taxes until both spouses in a marriage have died. A marital deduction trust allows you to put property in trust with your spouse as the beneficiary. Upon your death, your spouse has the right to use the property in the trust. No matter how valuable the property in…
