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Dismissing an employee is a touchy situation

Being in an authoritative role is not for everyone. Often, individuals in positions of authority, like employers, have to make difficult decisions when it comes to managing certain operations, addressing issues that arise and handling employee discipline. In some cases, these matters can have an element of confrontation or tension, and the possibility exists that some upset could arise. In particular, when terminating an employee from a position, it is important to take the correct steps.

Any worker can feel disheartened by losing his or her job, but as an employer, if you do not follow certain procedures, an employee could claim that you wrongfully dismissed him or her, or that some other detail of the firing process caused undue difficulties. You certainly do not want an already difficult situation to become even more trying for yourself, the employee or the company.

How much choice is there re business entity formation?

Lots.

That might easily serve as a shorthand answer to today’s above-posed blog headline query. Indeed, when it comes to making a selection concerning the type of structure a new commercial enterprise should assume, a business principal has a wide menu of choices.

Bay Area businesses: challenges and ample opportunities

California has unquestionably stood tall as a beacon of hope and new opportunities for vast numbers of Americans for decades.

The state commands the country’s largest and most diverse population. The California economy spotlights a breadth and depth unrivaled virtually anywhere else on earth. Indeed, many estimates posit that California’s business might is on par with that of the world’s most productive nations.

Mediation: a sometimes optimal process for resolving legal disputes

Quicker. Cheaper. Less stressful. Greater autonomy for involved parties. A focus on civility rather than adversarialism.

With benefits like that to recommend it, why would parties in legal disagreement ever fail to give mediation a timely and measured look as a potential mechanism for resolving conflict?

What gives rise to a wrongful termination claim in California?

We note a point on our website at the established Bay Area Law Offices of Denise Eaton May that often emerges as prevalent when workers are treated unfairly – often unlawfully – by their employers.

That is passivity, which looms large in many contexts and operates to the clear detriment of affected workers.

The advantages of keeping accurate employee documentation

One critical mistake small business owners often make is failing to keep accurate and current information on their employees. This does not only include their employment applications and forms from the hiring process but also records of any critical interaction you may have with your workers. Your business may have only a few employees, and you may think it is not important to log your conversations, warnings or corrections, but many business owners have regretted taking a casual approach toward documentation.

Certainly, you have files for each employee that contain the documentation the government requires you to keep. You may have your own policies for keeping certain information on each employee. However, you may be overlooking important details that could leave you scrambling if an employee ever decides to take legal action against you.

Don't sign that severance agreement yet

Whether you sensed it was in the works or it came out of the blue, termination from your job is seldom an easy event. You may have to dust off your resume and reach out through your network for job opportunities. You may end up depleting your savings, if you are fortunate enough to have one, while you look for work. You may dread the thought of filling out applications and going through job interviews, but you need money to survive.

However, you may see a bright spot in your termination if your employer offers you a severance as part of your separation agreement. When you think of the potential struggles ahead, you may feel tempted to snatch it up and shake the dust from your shoes as you leave. This is not always a good idea.

Is mediation the right way to resolve a business dispute?

When your business is involved in a dispute, this can be much more than just a frustration for you. You know this can cost you time and money, and you may be unsure of what you can do to protect the long-term interests of your company. Litigation is a possibility, but there could be other ways you may be able to resolve this dispute in a timely and cost-effective manner.

Mediation could be the right way for you to resolve your business dispute. This is a process that allows two contesting parties to work through disagreements, breaches of contract and other issues in a respectful and productive manner, eliminating the need for further litigation. Often, it leads to resolutions that are beneficial for both parties, which is not always the case in litigation.

Do you believe you are being discriminated against at work?

It can take some people years to land the job of their dreams. When you achieved your goal and felt that you were hired to the perfect position, you likely could not have been more excited. Unfortunately, as the weeks passed, you may have begun noticing that your employer or co-workers did not treat you fairly.

At first, you may not have thought too much about the manner in which they treated you. Deciding to keep your head down and focus on your work, you tried not to let their negative comments, belittling actions or other behavior get to you. However, as it persisted, you could no longer ignore it.

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When you choose our firm for legal assistance, we work with you individually and negotiate aggressively on your behalf. Whether you have a straightforward legal issue requiring limited interaction with an attorney, or a more complex matter requiring comprehensive mediation or litigation counsel, we will handle your case with opportunities to execute a successful strategy. We invite you to schedule a confidential consultation directly with one of our lawyers by calling 510-244-3307, or send an email now.

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