If you run a business, you will inevitably have to face the situation of discharging an employee. While terminating an employee may never be pleasant, sometimes it’s necessary. Before you terminate an employee, you’ll want to be sure you are following the law to ensure you don’t face a lawsuit later. The following guidelines can help companies limit their liability with regard to employment termination decisions: Supervisor’s Checklist for Personnel DecisionsSupervisors should carefully review the following considerations in making decisions affecting personnel: Insurance CoverageWhether an employer’s liability insurer is responsible for defending or indemnifying the company against claims of intentional wrongful discharge will depend on the terms of the policy, and the facts involved in the case. Employers should review their insurance policies carefully should such a claim arise, and seek professional guidance on this issue. Consideration should be given in every case to tendering a complaint to the insurance carrier. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Performing An Employee Background Check What Happens If You Don’t File Taxes For 10 Years Or More? Unfairly Accused Of Child Abuse Understanding The ACS And CPS Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/procedures-to-reduce-the-risk-of-litigation-and-liability-for-employment-terminations/
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Getting a phone call from an agent of Child Protective Services (CPS) or Administration for Children’s Services is frightening. An indictment can result in the loss of your child or the implementation of a service plan that interferes with your relationship. Even unfounded cases can have traumatic effects on your record and your closeness with your family. The child abuse investigation processAnybody can report suspicions of child abuse. Some medical professionals, educational staff, caretakers and social service providers are required to file a report. ACS or CPS has 24 hours to begin an investigation of child abuse or neglect allegations after receiving the initial report. The agent must reach a finding of indicted or unfounded within 60 days. During the investigation, the agent may: The child is removed from the home only if the ACS or CPS agent finds a threat of immediate or serious danger. What you should do if contacted by ACS or CPSYou may know which event triggered the investigation — possibly an injurious fall at your home or a parenting style that is inconsistent with your neighborhood or school culture. On the other hand, you may have no idea what started the process. Regardless, the first contact made by a Utah child protective agent is likely to come as a shock. Remain composed and calm whenever you speak to the judge, agent, social workers and other professionals involved in the investigation and adjudication process. Even if your reaction is justified, your angry response can backfire. Enforcing Child Support of Out-of-State ParentsWhen your children’s other parent lives outside of Utah, determining which state has jurisdiction to rule on the establishment, collection and enforcement of child support payments can complicate the process of getting the money you are owed. The Uniform Interstate Family Support Act (UIFSA) addresses this issue so you know which order to follow and which court to petition for legal intervention. Prior to passage of UIFSA, you and the other parent may have obtained inconsistent orders that required the payment of vastly different sums. In addition, the differing state laws could lead to vastly different results when applying for enforcement assistance or modification of an existing order. Because every state was required to adopt UIFSA in 1996, you can now rely on this legislation to direct you toward the correct body of law, state agencies and court system to pursue your rightful child support payments. The basic premise of the UIFSA is that the law recognizes only one order for each child and paying parent during any period of time. Whether Utah or another state has jurisdiction is determined by the UIFSA provisions regarding: The controlling order— is determined by which state has CEJ if your Utah order conflicts with that issued by another state’s court. When a state loses CEJ — it loses the authority to modify an existing order and collect on current payments that are due, but the state can collect on arrearages if from a prior order made while the state had CEJ. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Unfairly Accused Of Child Abuse: Understanding The ACS And CPS Investigation first appeared on Ascent Law, LLC.
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Writing Effective Job Descriptions Performing An Employee Background Check What Happens If I Don’t File Taxes For 10 Years Or More? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/unfairly-accused-of-child-abuse-understanding-the-acs-and-cps-investigation/ It’s not hard to get behind on your taxes. Perhaps there was a death in the family or you suffered a serious illness. Whatever the reason, once you haven’t filed for several years, it can be tempting to continue letting it go. However, not filing taxes for 10 years or more exposes you to steep penalties and a potential prison term. There’s No Time Limit on the Collection of TaxesIf you have old, unfiled tax returns, it may be tempting to believe that the IRS or state tax agency has forgotten about you. However, you may still be on the hook 10 or 20 years later. If you don’t file and owe taxes, the IRS has no time limit on collecting taxes, penalties and interest for each year you did not file. You Could be Charged with a CrimeThe IRS recognizes several crimes related to evading the assessment and payment of taxes. Penalties can be as high as 5 years in prison and $250,000 in fines. However, the government has a time limit to file criminal charges against you. If the IRS wants to pursue tax evasion or related charges, it must do this within six years from the date the unfiled return was due. Non-filers who voluntarily file their missing returns are rarely charged. Determine If the IRS Filed a Substitute ReturnJust because you didn’t file your return doesn’t mean the IRS won’t file one for you. The IRS may file a Substitution for Return or SFR on your behalf. Don’t think of this as a complementary tax filing service. The IRS won’t give you any of the exemptions or deductions that rightfully belong to you. Once an SFR is filed, you will be sent a notice to accept the tax liability as filed in this alternate return. If you don’t respond, the IRS will issue a notice of deficiency. At this point the tax is consider owed by you and the IRS can begin the collection process. To encourage payment, a levy can be placed on your wages or bank accounts. A federal tax lien may also be placed against your real property. If a SFR was filed, you don’t have to accept the outcome. You can go back and refile those years and include any available deductions. Chances are you can decrease the tax owed, as well as the interest and penalties. File Your Missing ReturnsYou may want to file your old returns before a demand is made. There’s no time limit for submitting a previously unfiled return. However, if you’d like to claim your refund, you have up to three years from the due date of the return. It may be a good idea to speak with an experienced tax attorney or CPA before filing old returns. But, here’s some benefits of getting missing tax returns filed: Negotiate Your Tax BillIf you tax assessment is too high, you may be able to negotiate a better deal. Penalties may represent 15 to 20 percent of what you owe to the IRS. Getting these removed can make a real difference. File Form 843 to request an abatement of taxes, interest, penalties, fees, and additions to tax. If your debt is more than $10,000, you might consider a Partial Payment Installment Agreement (PPIC) where the IRS agrees to accept less than the total you owe. The IRS will only agree to a PPIC if it’s clear that the monthly payments you can make will not cover your total taxes due for many years. An offer in compromise (OIC) is an agreement between a taxpayer and the IRS that settles a taxpayer’s tax liabilities for less than the full amount owed. If you can fully pay your liability through an installment agreement or other means, won’t generally qualify for an OIC. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Happens If You Don’t File Taxes For 10 Years Or More? first appeared on Ascent Law, LLC.
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The Small Business Lawyer And Product Liability Writing Effective Job Descriptions Performing An Employee Background Check Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-happens-if-you-dont-file-taxes-for-10-years-or-more/ Employee background checks are a vital way for an employer to learn more about the applicant, but can also be a source of potential liability. The Internet has made it much easier to obtain both personal and professional information about job applicants, but it pays to be careful about where you look, which information you trust, and which questions you ask. Make Your Employee Background Check ReasonableHere are some things to keep in mind when performing an employee background check: Records an Employer Can Likely Consider when Performing an Employee Background CheckSome of the records below, such as credit reports, drug tests and driving records, require the consent of the applicant, but are still considered routine records to be used when performing a background check. As discussed above, regardless of the record type, always make sure that such an inquiry is related to the job. Finally, if you decide not to hire someone based on his or her credit report, you must provide the applicant with a copy of the report and advise the applicant of his or her right to challenge it. Also be aware that several states have even stricter rules limiting the use of credit reports, so check your state’s laws before turning down an applicant based on their credit. Records You May Not be Able to Consider when Performing an Employee Background Check• Criminal records: Whether employers can access criminal records varies greatly between states, but in many states such records can only be used by certain employers such as public utilities, law enforcement, security guard firms, and child care facilities. Even if employers cannot access criminal records, whether employers can ask about past criminal activity also varies greatly between states, but some states allow employers to ask about a criminal past even if they won’t allow employers to access criminal records. This is probably a potential employer’s biggest area of liability and it is highly recommended that you consult a lawyer to find out the rules applicable in your particular state. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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The Small Business Lawyer And Product Liability Writing Effective Job Descriptions Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/performing-an-employee-background-check/ A job description describes the major areas of an employee’s job or position. A good job description begins with a careful analysis of the important facts about the job — such as the individual tasks involved, the methods used to complete the tasks, the purpose and responsibilities of the job, the relationship of the job to other jobs, and the qualifications needed for the job. It’s important to make a job description practical by keeping it dynamic, functional, current, and legal. A well-written, practical job description will help you avoid hearing a refusal to carry out a relevant assignment because “it isn’t in my job description,” while helping you hire the right people. This article focuses on how to write an effective job description, whether it’s for a job listing or to help define an existing employee’s job duties and expectations. Make Sure Your Job Description is FlexibleRealistically speaking, many jobs are subject to change, due either to personal growth, organizational development and/or the evolution of new technologies. Flexible job descriptions will encourage your employees to grow within their positions and learn how to make larger contributions to your company. For example: Is your office manager stuck “routinely ordering office supplies for the company and keeping the storage closet well stocked,” or is she/he “developing and implementing a system of ordering office supplies that promotes cost savings and efficiency within the organization?” When writing a job description, keep in mind that the job description will serve as a major basis for outlining job training or conducting future job evaluations. And remember, job descriptions may change with time. Main Components of a Job DescriptionThe first component of any job description is the title. Job titles vary widely from one employer to the next, although certain job titles suggest a certain level within the company (such as “Vice President”) or require certain certifications. The title is closely followed by the main objective or overall purpose statement. Generally, this is a summary designed to orient the reader to the general nature, level, purpose, and objective of the job. The summary should describe the broad function and scope of the position and be no longer than three to four sentences. Every job description must also include a list of principal duties, continuing responsibilities, and accountability of the occupant of the position. The list should contain each and every essential job duty or responsibility that is critical to the successful performance of the job, beginning with the most important functional and relational responsibilities and continuing down in order of significance. Each duty or responsibility that comprises at least 5 percent of the incumbent’s time should be included in the list. Another important element is a description of the relationships and roles the occupant of the position holds within the company, including any supervisory positions, subordinating roles, and other working relationships. For instance, it may state that you will be managing employees or that you will report to a certain individual. Job Descriptions for Recruiting PurposesIf you are in the process of recruiting an employee, you need to clearly state the job specifications, standards, and requirements. These are generally the minimum qualifications needed to perform the essential functions of the job, such as education, experience, knowledge, and skills. Any critical skills and expertise needed for the job also should be included. A receptionist — for example — might need to possess: (1.) a professional and courteous telephone manner; (2.) legible hand-writing if messages are to be taken; (3.) the ability to handle a multiple-lined phone system for a number of staff members; and (4.) the patience and endurance to sit behind a desk all day. Other details that should be in a job description used for recruiting purposes include the following: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Writing Effective Job Descriptions first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What Is The Most Common Legal Remedy For A Breach Of Contract?/a> The Small Business Lawyer And Product Liability Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/writing-effective-job-descriptions/ Defective or dangerous products are the cause of thousands of injuries every year in the U.S. “Product liability law,” the legal rules concerning who is responsible for defective or dangerous products, is different from ordinary injury law, and this set of rules sometimes makes it easier for an injured person to recover damages. Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: When a small business owner opens his or her doors to the public, potential liability for a product liability claim also opens up. Following is an overview of product liability, including a look at personal injury cases arising from defective or dangerous products. What Is a Product Liability Claim?The law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. There is no federal product liability law. Typically, product liability claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability. Responsible PartiesFor product liability to arise, at some point the product must have been sold in the marketplace. The injured person does not have to be the purchaser of the product in order to recover. Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone. Types of Product DefectsUnder any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability: design defects, manufacturing defects, and marketing defects. Design DefectsA design defect is some flaw in the intentional design of a product that makes it unreasonably dangerous. Thus, a design defect exists in a product from its inception. For example, a chair that is designed with only three legs might be considered defectively designed because it tips over too easily. Design defect claims often require a showing of negligence. However, strict liability may be imposed for an unreasonably dangerous design if the plaintiff can present evidence that there was a cost-effective alternative design that would have prevented the risk of injury. In some cases, if a product was so unreasonably dangerous that it never should have been manufactured, the availability of a safer design might not be required to hold the designer liable. Manufacturing DefectsA product has a manufacturing defect when the product does not conform to the designer’s or manufacturer’s own specifications. Manufacturing defect cases are often the easiest to prove, because the manufacturer’s own design or marketing standards can be used to show that the product was defective. But proving how or why the flaw or defect occurred can be difficult, so the law applies two special doctrines in product liability cases to help plaintiffs recover even if they cannot prove a manufacturer was negligent. Res Ipsa LoquiturThe first doctrine, known as “res ipsa loquitur,” shifts the burden of proof in some product liability cases to the defendant. It indicates that the defect at issue would not exist unless someone was negligent. If the doctrine is successfully invoked, the plaintiff is no longer required to prove how the defendant was negligent; rather, the defendant is required to prove that it was not negligent. Strict LiabilityThe second rule that helps plaintiffs in product liability cases is that of strict liability. If strict liability applies, the plaintiff does not need to prove that a manufacturer was negligent, but only that the product was defective. By eliminating the issue of manufacturer fault, the concept of no-fault, or “strict” liability allows plaintiffs to recover where they otherwise might not. Marketing DefectsMarketing defects include improper labeling of products, insufficient instructions, or the failure to warn consumers of a product’s hidden dangers. A negligent or intentional misrepresentation regarding a product may also give rise to a product liability claim. Unavoidably Unsafe ProductsBy their nature, some products simply cannot be made safer without losing their usefulness. For example, an electric knife that is too dull to injure anyone would also be useless for its intended purpose. It is generally believed that, as to such products, users and consumers are the best equipped to minimize risk. Thus, while a product might not be deemed unreasonably dangerous, manufacturers and suppliers of unavoidably unsafe products must give proper warnings of the dangers and risks of their products so that consumers can make informed decisions regarding whether to use them. Common Defenses to Product Liability ClaimsA defense often raised in product liability cases is that the plaintiff has not sufficiently identified the supplier of the product that allegedly caused the injury. A plaintiff must be able to connect the product with the party(ies) responsible for manufacturing or supplying it. There is an exception to this rule, known as the “market share liability” exception, which applies in cases involving defective medications. Where a plaintiff cannot identify which of the pharmaceutical companies that supply a particular drug supplied the drug he/she took, each manufacturer will be held liable according to its percentage of sales in the area where the injury occurred. Another defense a manufacturer might raise is that the plaintiff substantially altered the product after it left the manufacturer’s control, and this alteration caused the plaintiff’s injury. A related defense is that the plaintiff misused the product in an unforeseeable way, and that his/her misuse of the product cause the injuries alleged. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post The Small Business Lawyer And Product Liability first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Invention Licensing Verses Manufacturing what Is The Most Common Legal Remedy For A Breach Of Contract? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/the-small-business-lawyer-and-product-liability/ Technology has made monitoring employees easier than ever now that almost every mode of communication has gone digital. As many as three out of four companies reported that they monitored their employees to some extent, with the most commonly monitored activities being internet use and email. Employers understandably don’t want employees surfing inappropriate websites, trading stocks, or playing poker while on the clock. More important to many companies, however, is that employees aren’t engaging in corporate espionage, selling trade secrets, or using workplace computers to harass other coworkers. As an employer, the law generally allows you to monitor your employees’ communications while on the job and within reason. The major exception to this is if the monitoring runs afoul of an employee’s right to privacy. Each form of monitoring has its own rules and exceptions, so it’s important to know how the law treats each type of monitoring. Monitoring Internet UseMonitoring general internet use is probably the least restricted form of monitoring. Employers are allowed almost without exception to keep track of internet sites that their employees visit. Employees generally have no right to privacy regarding their viewing history, and many companies install software that either severely limits what websites may be viewed or how much time employees can spend on non-approved sites. Monitoring EmailsEmails are the modern form of letters and correspondence and accordingly have more protection based on precedent than something like general internet viewing habits. However, courts have generally sided with employers and allowed them to read the email of their employees unless the employer has indicated that emails will be private or confidential. This policy can be communicated to employees explicitly, by telling employees that emails are confidential, or indirectly, by giving employees unique passwords that only they know. To be careful, as an employer you should try to always have an established reason for viewing employee emails, such as a policy justification or a record of an incident which prompted the monitoring. Courts have rarely denied an employer the right to read employee email if there was a justification in place before the employer read the employee’s email (such as reports of harassment). Monitoring Phone CallsPhone calls are the most protected form of employee communication and employers should be especially careful when monitoring phone calls. Almost all states allow an employer to monitor or record employee conversations with customers for quality assurance purposes. Although only a few states require that you announce that the call is being recorded, it is a good business practice to let customers know they are being recorded. The major exception to monitoring rules for phone calls is when the employee makes a personal call. Although federal law allows employers to monitor calls without warning or announcement, once the employer realizes that it is a personal call, the employer must stop monitoring the call. The only caveat to this is that if the employee has explicitly been told not to make personal calls from the particular phone, then the employer may be allowed to continue monitoring the call. Monitoring Voice MailVoice mail is a gray area of the law and it is likely that the rules in place for other forms of monitoring apply here. Employers are likely able to access an employee’s voice mail, provided that the employer hasn’t given employees the impression that their voice mail is private. The best practice is to have a good work-related justification established before monitoring an employee’s voice mail. How to Keep Your Monitoring LegalEmployers generally have access to employee communications while on the job, but there are a few steps to always take before monitoring employee communications: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Monitoring Employees first appeared on Ascent Law, LLC.
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Invention Licensing Verses Manufacturing What Is The Most Common Legal Remedy For A Breach Of Contract Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/monitoring-employees/ Contracts are a favorite tool of business people everywhere, as they lend assurance and definition to transactions. But what happens when someone doesn’t do what they said they would in a contract? In the legal world, this is called a “breach,” and there are a number of remedies for this situation. Remedies in LawWhen lawyers talk about “remedies in law,” they are talking about money damages. For breach of contract cases, there are several different types of monetary remedies: Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere. For example, suppose you hire and pay someone to clean your house for $100, but he is unable to do it. You search for a new cleaning service, and the cheapest one you find will clean your house for $150. If this cost is found to be reasonable, your first cleaner would have to pay you $150 in compensatory damages, allowing you to get your house professionally cleaned as the contract intended. Restitution: When a court orders restitution, they tell the person that breached the contract to pay the other person back. In the example above, the court would order the first cleaner to pay you back $100, since that’s what you paid him to clean your house. Punitive damages: This is a sum of money intended to punish the breaching party, and is usually reserved for cases in which something morally reprehensible happened, such as a manufacturer deliberately selling a retailer unsafe or substandard goods. Nominal damages: A court awards nominal damages when there has been a breach of contract but no party to the contract suffered any harm. Liquidated damages: These are damages that the parties agree to pay in the event a contract is breached. Remedies in EquityA remedy in equity is when the court orders someone do something. This can also be called “injunctive relief.” In breach of contract cases, this can look like any of the following: Cancellation: The court cancels the contract and decides that the parties are no longer bound by it. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Is The Most Common Legal Remedy For A Breach Of Contract? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Sexual Orientation Discrimination In Employment Licensing Verses Manufacturing Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-the-most-common-legal-remedy-for-a-breach-of-contract/ In most situations, inventors can make money off of their inventions in two different ways: Either license the rights to make, use, and sell their inventions to other manufacturers or manufacture and sell their inventions themselves. There are vast differences between these two options, both in terms of how you will make your money, and in terms of the financing needed to get started. Whichever you choose will depend on your means, skill level, and what level of involvement you want with your invention. Making Money on Your Invention: Two ChoicesChoosing between licensing your invention to someone else and manufacturing and selling your invention on your own will depend much on your personality and what you like to do. Many inventors decide to license their inventions in order to make money because it does not require as much legwork or capital as does manufacturing an invention on one’s own. If you find that you have a passion for the world of business, then you may want to consider manufacturing and marketing your own invention. It is not always just the personality of the inventor that will make the decision between licensing and manufacturing your invention, though. Sometimes the complexity of the invention will force the inventor’s hand. Licensing InventionsIn its simplest form, a license is an agreement between you (the “licensor”) and another party (the “licensee”) allowing the licensee to make, use, and/or sell your invention. In exchange, the licensee often agrees to give the license-holder a license fee as well as royalty payments for every unit sold that uses the invention. The biggest advantage of licensing is the lack of risk. Under a licensing agreement, the licensee will have to take on all expenses relating to marketing and all risks associated with the product itself. All the inventor has to do is to wait by his mailbox for the checks to arrive. Perhaps the biggest risk that inventors face when licensing is getting a license at all. According to at least one study, only 13 percent of all inventors that attempted to license their inventions were successful. If you do decide to license your invention, you should first find the people would want to see inventions like yours, such as a convention involving your target industry. If your invention is physical in nature, you should try to get enough funding to build at least one working model (or prototype). But make sure you protect your invention while shopping it around, perhaps with a non-disclosure agreement. Keep in mind that you have the option of licensing your invention to more than one party, as long as you don’t give exclusive rights to one party, which can increase your earning potential. Assigning the Rights to InventionsAs an alternative to licensing your invention, you may decide to permanently assign the rights to your invention to another party in exchange for money. Unlike a license, an assignment is a permanent transfer of all rights you have to your invention. If you assign your invention, you become the “assignor,” while the person buying your invention becomes the “assignee.” You should think about assignment as analogous to selling your home — once you have sold it, you no longer have rights to it. There are some circumstances in which a license will look like an assignment. For example, sometimes inventors grant indefinite, exclusive licenses. Under such a license, the licensee gets sole rights to the invention for an indefinite period of time. Understandably, this looks much like an assignment of rights; but an attorney can help you sort it out. Remember that once you assign your rights to your invention, you cannot (in most circumstances) get them back. Entrepreneurial InventorFor entrepreneurial inventors that have business skills in addition to their inventing skills, the risks and financial rewards associated with licensing their inventions don’t make the cut. Instead, these inventors will take the time and effort to form a company and produce and market their own inventions. However, these inventors will require much more capital than will the inventors that seek only to license or assign their inventions. At least one study has found that close to half of the inventors that choose to make and market their own inventions turn out to be successful. Before you decide to market your own invention, though, you need to be aware of just how much time and effort it will take for you to succeed. If you feel that you do not have this drive, you may want to consider licensing your invention. Perhaps that biggest argument for making and marketing your own invention is the higher financial rewards that are possible. However, starting a company to make and market your invention can be incredibly risky. Different Finances for Different ChoicesWhen it comes to the financial backing needed for licensing your invention versus marketing and selling your invention, the difference is staggering. You will need far fewer finances to license your invention than if you chose to start your own business. If you choose to license or assign the right to your invention, you will generally need financing to: In addition to these expenses, you may also choose to form a corporation or take on business partners in order to get the production of your invention off the ground. Before Making the Decision, Analyze Your PersonalityMany inventors are tempted by the riches that they see just over the horizon if they can just make, market, and sell their own inventions. But you really need to be sure that you have a strong entrepreneurial drive. To help you figure out whether this path is right for you, take the time to answer these questions: If you feel that you can answer all of the questions in the affirmative, then maybe taking your invention to market by yourself could make you a lot more money that you could get through licensing. Patent Troll: A Last OptionThere has been an ever increasing trend for people with patents to not take either option. These people do not want to license their inventions, nor do they want to enter the market. In the legal world, these people are called “non-practicing inventors” or, pejoratively, “patent trolls.” Much like the trolls that lurk under bridges in fairy tales, these patent holders wait for the right moment to jump out and assert their patent rights against those that they think have infringed. These patent trolls sometimes make a lot of money in patent infringement lawsuits. However, the chances are very good that if you hold onto your patent without licensing it or entering the marketplace, the technology will pass you by well before you ever have the opportunity to bring a patent infringement lawsuit. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Invention Licensing Verses Manufacturing first appeared on Ascent Law, LLC.
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Sexual Orientation Discrimination In Employment Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/invention-licensing-verses-manufacturing/ You are a small business owner with a couple dozen employees. Last week, one of your long-time employees slipped and fell while walking through the breakroom. Now he has filed a workers’ compensation claim. Q: How do I know whether an injured worker is covered by workers’ compensation? A: Determining whether or not your workers are covered by workers’ compensation can sometimes be complicated. Generally, there are two main factors that determine covered status: first, whether the person is an employee (as opposed to an independent contractor, for example) and second, whether the injury occurred as a result of employment. It should be noted that neither of these factors is an absolute guarantee that the worker will be covered by workers’ compensation. For example, depending on the rules in place in your state, some employees (such as agricultural workers) are not covered by workers’ compensation. Also, if the injured worker was intoxicated at work or intentionally injured him- or herself, the worker may not be covered by workers’ compensation. Q: If an employee is receiving workers’ compensation benefits, but returns to work, does the employee still get to receive workers’ compensation benefits? A: The answer to this question is “maybe.” If the return to work enables the employee to receive wages equal to or greater than he or she was earning prior to the injury, then it is likely benefits will be stopped. If, however, the employee is still experiencing a wage loss due to his or her injury, he or she may continue to receive wage loss benefits, although the benefits will most likely be for a lesser amount. Q: Can an employee recover workers’ compensation benefits, no matter what he or she did, because it is a “no-fault” system? A: No. Although most injuries are covered by workers’ compensation, that does not mean that employees have free reign to injure themselves, or act in any manner in which they choose, and then collect benefits. Generally, if an employee sustains injures as a result of intoxication or illegal drug use, benefits may not be payable. Q: Can an employee recover workers’ compensation benefits, even if he or she was not actually at the workplace when injured? A: The answer to this question will depend on the laws in your particular state, and the facts of the specific case. Generally speaking, if the injury “arises out of” and occurs “within the scope of employment,” it is covered. For example, if an employee is a traveling salesperson and is injured in the hotel where he or she is staying for business purposes, compensation may be appropriately paid. Similarly, if an employee is running an errand that takes him or her outside of the workplace, at the request of the employer, compensation benefits may be payable if an injury occurs in the course of running that errand. If the employee is on a business errand, but has stopped or deviated from that errand for personal reasons, then a closer examination of the rules and facts is necessary. Finally, employees injured while attending an employer-sponsored recreational event, like a company picnic or outing, may be able to receive workers’ compensation benefits even though they were not physically on the employer’s premises. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Workers Compensation FAQ first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
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