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Irvine Business Litigation Blog

Protect your heirs with a spendthrift trust

People in California who have a large estate need to think about what may happen to their wealth upon death. Even though you may have named beneficiaries, you need to ask whether they are responsible individuals. Too many times, those who receive a lot of money from a trust do not know how to spend it wisely, and it can disappear very quickly. If this may be the case in your situation, consider setting up a spendthrift trust to protect your heirs and your wealth.

According to Forbes, a spendthrift provision provides the trustee with directions as to when and how to distribute the funds. In most cases, the named beneficiaries are given a certain amount of money to live on but they are not able to access the entire sum of the trust. These distributions may continue throughout the heir's lifetime, or the remainder of the funds may be released once the heir reaches a certain age. This helps protect the beneficiaries from spending too much too fast or using it for bad habits such as alcohol or drugs.

Keeping your spouse in your will after divorce

With divorce, each couple’s case is unique. Sometimes, the experience can be very difficult for both parties and leave each spouse with a considerable amount of bitterness. However, the end of marriage is not always very difficult, and some couples are able to remain friends after they have separated. Often, people make changes to their estate plan once they split up with their partner, such as removing them from a will or making changes to who is listed as a beneficiary and what they will receive. However, some people decide to keep their spouse in their will following a divorce.

There are different reasons you may decide to keep your former spouse in your will. For example, you might trust them and believe that they will be able to take care of your assets best even though you are no longer married. You might have an ex-spouse listed as the custodian of young children or named a beneficiary. In fact, some people even grant their former spouse power of attorney, since they believe this person has the best ability to make key decisions regardless of whether or not they are married.

When it's time to let an employee go

As a business owner, all sorts of employment-related hassles might arise. For example, you could have difficulty finding qualified applicants or you might be facing problems related to harassment in the workplace. However, some issues can be especially difficult to work through, such as the termination of an employee's position. Aside from how hard it can be to make these types of decisions, things can become even more complicated if an employee believes that his or her job was terminated due to discrimination, retaliation, or some other factor that is illegal. As a result, it is crucial for you to make sure that you approach this matter correctly and take steps to protect your business in the event that these allegations surface.

Before announcing an employment-related decision such as the termination of an employee's position, it is pivotal to be careful and think about the best way to approach this situation. Sometimes, employees do not take this information very well, causing them to believe that they were fired in violation of employment law (regardless of whether or not this is true). By taking steps to protect your business and ensure that the dismissal does not violate the law in any way, you might be able to avoid a great deal of stress later on.

When did you last update your business’s employee manual?

Every business should have a manual that outlines employee policies and workplace rules. This manual can prevent workplace misconduct and give employees the tools to report problems. Many businesses will create an employee handbook but then forget to update it.

With the year just starting, business owners should review their company handbooks and decide if they need to make changes. A well-written and comprehensive handbook can prevent lawsuits and save businesses time when making decisions.

When false allegations arise in the workplace

Whether you are responsible for running a major corporation or a smaller business, allegations of discrimination and sexual harassment can be incredibly tough for your company and may have a significant impact on its future. Handling these accusations properly is pivotal, but some business owners are unsure of what to do when they suspect that the claims are not true. Unfortunately, some employees have launched false claims alleging that sexual harassment, discrimination, or another type of workplace violation occurred when it did not. Our law office knows that even when these accusations are untrue, they can be very damaging for a business.

An employee may decide to accuse a company of wrongdoing for various reasons. Perhaps they recently lost their job or were demoted and are upset that this occurred. Or, maybe they simply want to gain access to compensation that they do not deserve. During these times, it is vital to protect the interests of your company and have the alleged incidents thoroughly reviewed. Defending your company properly is vital and you should do your best to have the truth revealed in the courtroom, if the allegations go that far.

Consequences that come with sexual harassment

Sexual harassment is a topic has seen increased attention recently, but the consequences of this problem are very real for those affected. Our California law office knows that unlawful harassment can not only shatter the lives of victims, but also the companies they work for and even those accused of this offense. If you are a business owner and a sexual harassment case has recently arisen, you should not postpone any steps to properly address the situation. In fact, even if no allegations have surfaced, it could be smart to take additional steps to prevent this violation from occurring.

For victims, sexual harassment can make work very difficult. Sometimes, it can even spell the end of a career. Mental issues, such as depression or high stress, can also create challenges for those who have been subjected to various forms of sexual harassment. At the same time, these accusations can be troubling for a company. For example, a company may have its reputation shattered if people find that proper preventative measures were not in place or violations were not handled correctly. This could prevent skilled employees from pursuing positions with the company or even cause customers to take their money elsewhere. Moreover, some people may be falsely accused of sexual harassment and those who are charged with this offense may also have their world crumble.

How common is sex-based harassment?

Workers decide to take legal action for various reasons, whether they believe they were discriminated against or have not been paid appropriately. However, sex-based harassment allegations can be especially challenging for employees and the companies they work for. As a result, it is important for business owners to understand the prevalence of this offense in workplaces across the country and look for ways to prevent sex-based harassment from occurring in the future. Sex-based harassment, which is related to a person's sex, takes different forms and includes sexual harassment

According to the U.S. Equal Employment Opportunity Commission, there were 12,860 sex-based harassment charges filed with their agency during the fiscal year 2016. It is also essential to point out that these statistics do not take into account sexual harassment charges filed with either a local or state agency. These figures represent an increase in comparison to previous years, such as 2014, when 12,146 sex-based harassment charges were filed with the EEOC.

Preventing workplace discrimination

Business owners may encounter a myriad of difficulties, from legal action involving a competitor to making the decision to shut down. However, those which involve employment law can be especially stressful. For example, an employee may accuse someone of discrimination and decide to file suit. Not only can this reflect poorly on a business' reputation, but it can be costly as well. Moreover, discrimination can be difficult for victims who have been mistreated at work. As a result, it is vital to go over the ins and outs of your business and do what you can to prevent discrimination in the workplace.

For starters, it is important to realize that discrimination takes many different forms and can affect employees during various facets of the employment process. For example, an employee may be subjected to discrimination during the application process, while asking for a promotion, or when their position is terminated. You and others who work for your company should be familiar with the ins and outs of employment law as it relates to discrimination. If you have any questions, you should promptly look for answers. Employee training can help raise awareness and reduce the chances of a discrimination-related lawsuit arising in the future.

Learn how businesses can protect their trade secrets

No matter what industry your business is in, trade secrets are important. This confidential business information helps enterprises stay profitable and stay ahead of competitors. Business owners need to take the protection of their trade secrets seriously by understanding their rights and responsibilities. This post will cover what qualifies as a trade secret and ways that a business can protect itself.

Are holographic wills accepted in California?

People have a wide range of questions when it comes to estate planning, whether they are unsure of which type of trust to set up or are having difficulty naming an executor. However, some are unsure if certain facets of estate planning are even recognized in California, such as holographic wills. If you have any questions regarding your estate, it is essential to find answers while thinking about which options are best given your circumstances.

According to the State Bar of California, holographic wills are valid in California. However, it is important to note that there are certain conditions which need to be satisfied. For example, holographic wills, which are entirely handwritten, must be in the testator's own handwriting and contain his or her signature and the date. While holographic wills do not necessitate witnesses, the writing must be legible and could be invalidated if any aspects of the will have been typed out.

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